The Income Tax Appellate Tribunal (ITAT) Bangalore SMC-‘C’ Bench has allowed the withdrawal of an appeal filed by appellant for the Assessment Year 2008-09. The tribunal permitted the withdrawal after the assessee opted for resolution under the Vivad Se Vishwas Scheme, 2024, while granting the liberty to reinstate the appeal if the scheme’s application is not accepted.
Ramrao Mannaji Nandakumari, appellant-assessee had filed the appeal against the order passed by the Additional/Joint Commissioner of Income Tax (Appeals)-2, Gurugram, dated September 3, 2024, under Section 250 of the Income Tax Act, 1961.
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The case was presented before the tribunal, where the assessee’s legal representative, Mukesh Jain, Chartered Accountant, submitted an application dated December 27, 2024, along with Form-2 dated December 19, 2024, issued under Section 92(1) of the Finance (No. 2) Act, 2024. He stated that the assessee had opted for settlement under the Vivad Se Vishwas Scheme, 2024, a government initiative aimed at resolving direct tax disputes. Under the provisions of this scheme, any pending appeal must be withdrawn to pursue the resolution process.
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The Revenue, represented by Ganesh R. Gale, Standing Counsel for the Department, did not raise any objections to the withdrawal request. After perusing the application and the relevant documents, the ITAT acknowledged the assessee’s decision to avail of the scheme and dismissed the appeal as withdrawn.
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The case was heard by a bench comprising Prashant Maharishi (Vice-President) and Keshav Dubey (Judicial Member). Recognizing the possibility of the settlement application being rejected, the tribunal granted the assessee the right to reinstate the appeal in such a scenario. This ensures that the assessee retains a legal recourse if the settlement under the Vivad Se Vishwas Scheme does not materialize as expected.
In conclusion, the tribunal dismissed the appeal as withdrawn while providing the assessee with an option to reinstate it if necessary.
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