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Facts
The assessee filed an appeal against the order of the NFAC. The assessee subsequently filed an application to withdraw the appeal as they had opted to settle the issues under the Vivad se Vishwas Scheme.
Held
The Tribunal noted that the assessee had opted to settle the issue under the Vivad se Vishwas Scheme and allowed the withdrawal of the appeal. Liberty was granted to revive the appeal if the settlement failed.
Key Issues
Whether the assessee can withdraw the appeal to pursue settlement under the Vivad se Vishwas Scheme and if liberty can be granted to revive the appeal.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘A’ BENCH,
Before: SHRI SATBEER SINGH GODARA, & SHRI NAVEEN CHANDRA
This appeal by the assessee is directed against the order of the NFAC, Delhi dated 19.07.2024 pertaining to A.Y 2012-13.
The assessee has filed an application dated 28.08.2025 for reschedule of appeal for hearing as the assessee has opted to settle the Page 1 of 3 issues under the Vivad se Vishwas Scheme, 2024 [in short ‘VSVS’]. The assessee has placed on record copy of Form No. 1 filed under VSVS, 2024.
However, the ld. counsel for the assessee submitted that Form 2 is still awaited from the designated authorities. The ld. counsel for assessee prayed for liberty to revive the appeal in case application of assessee fails to mature for any reason under Vivad se Vishwas Scheme, 2024 if he withdraws the appeal.
The ld. DR raised no objection to withdrawal of appeal by the assessee.
Both sides heard. In light of application made by the assessee, appeal of assessee for A.Y 2012-13 is dismissed as withdrawn as assessee has opted to settle the issue under Vivad se Vishwas Scheme. Liberty is granted to the assessee to revive the appeal in case application of assessee under Vivad se Vishwas Scheme, 2024 fails to mature. dismissed as withdrawn.
Order pronounced in open court on 28.08.2025.