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Facts
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals)/NFAC for AY 2013-14. The assessee requested withdrawal of the appeal as they opted to settle tax arrears under the "Vivad Se Vishwas Scheme, 2024".
Held
The assessee sought permission to withdraw the appeal with a caveat that if the dispute is not resolved under the scheme, they can re-approach the Tribunal. The Tribunal granted liberty to re-approach as per law and noted the DR had no objection.
Key Issues
Whether the appeal can be dismissed as withdrawn under the 'Vivad Se Vishwas Scheme' with a liberty to re-approach the Tribunal.
Sections Cited
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Income Tax Appellate Tribunal, AGRA BENCH AT AGRA
ORDER PERSUDHIR KUMAR, JUDICIAL MEMBER:
This appeal by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)/National Faceless Assessment Centre (NFAC), New Delhi, dated 29.05.2024 passed for assessment year 2013-14.
Written submissions were filed for and on behalf of the assessee. However, the assessee, vide his letter dated 03.12.2024, has requested for withdrawal of the appeal as the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration, under the “Vivad Se Vishwas Scheme, 2024”, for which, he has filed Form No. 2 issued by the Pr.CIT-1, Agra.
However, it is submitted by the appellant that the aforesaid be subjected to a caveat that in case the dispute relating to tax arrears for the assessment year under consideration is not ultimately resolved in terms of the afore-stated Scheme, the appellant shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. As the learned DR has no objection with regard to the aforesaid caveat, accordingly, we hold so.
In view of the aforesaid, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 23/01/2025.