ITAT Dismisses Appeals as Withdrawn after Assessee Opts for Vivad se Vishwas Scheme

The assessee had filed two appeals before the Tribunal challenging the orders of the Commissioner of Income Tax (Appeals)/NFAC for A.Y. Article Content .Theassessee had preferred two appeals to the Tribunal against the Commissioner of Income Tax (Appeals)/NFAC’s orders for A.Y. 2011-12 and A.Y. 2012-13. These appeals had been preferred in respect of disputes concerning assessments made by the Department, to which the assessee had objected at the very initial stage.

At the hearing, the duly authorised representative filed that the assessee had chosen to take advantage of the Direct Tax Vivad se Vishwas Scheme, 2024. In accordance with the settlement procedure enabled under the scheme, the assessee had already filed applications for withdrawal of the pending appeals before the Tribunal.

The counsel for the assessee prayed that the Tribunal allow the appeals to be dismissed as withdrawn, considering that the controversies were being settled under the scheme. The Tribunal noted these submissions and went on to consider the application accordingly.

Issue before ITAT: The issue before the Tribunal was whether pending appeals should continue to be adjudicated when the assessee has opted to settle the matter under the Direct Tax Vivad se Vishwas Scheme, 2024.

ITAT’s Decision: The Tribunal observed that once the assessee had opted for the statutory settlement scheme, namelyDirect Tax Vivad se Vishwas Scheme, 2024and applied for withdrawal of the appeals, there was no need for further adjudication.

Thus, the appeals were dismissed as withdrawn. At the same time, liberty was granted to the assessee to seek restoration of the appeals if so advised.

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