Facts of the Case
The assessee filed an appeal before the Income Tax
Appellate Tribunal against the order of the Commissioner of Income Tax
(Appeals), Allahabad relating to Assessment Year 2010-11.
During the pendency of the appeal, the assessee
opted to settle the outstanding tax dispute under the Direct Tax Vivad Se
Vishwas Scheme, 2020. The Department accepted the application and issued Form
No. 3, confirming the settlement amount payable under the scheme.
Consequently, the assessee sought permission to
withdraw the appeal pending before the Tribunal.
Issues Involved
- Whether the appeal should continue after settlement under the Vivad
Se Vishwas Scheme, 2020.
- Whether the Tribunal can dismiss an appeal as withdrawn upon
confirmation of settlement by the Department.
Petitioner’s (Assessee’s) Arguments
- The assessee submitted that the tax dispute had been resolved under
the Vivad Se Vishwas Scheme, 2020.
- The Department had already approved the application and issued Form
No. 3.
- Since the outstanding liability stood settled, continuation of the
appeal was unnecessary.
- Accordingly, the assessee requested withdrawal of the appeal.
Respondent’s (Revenue’s) Arguments
- The Departmental Representative did not raise any objection to the
withdrawal request.
- It was acknowledged that the settlement under the scheme had been
approved by the competent authority.
Court Order / Findings
The ITAT Allahabad observed that the assessee had
successfully settled the dispute under the Vivad Se Vishwas Scheme, 2020 and
that the Department had issued Form No. 3 confirming acceptance of the
settlement.
In view of the settlement and absence of objection
from the Revenue, the Tribunal allowed the assessee to withdraw the appeal.
Important Clarification
- Appeals pending before appellate authorities become infructuous
once disputes are settled under the Vivad Se Vishwas Scheme.
- Issuance of Form No. 3 by the Department signifies acceptance of
the settlement application.
- Tribunals routinely permit withdrawal of appeals after such
settlement.
- Dismissal as withdrawn does not involve adjudication on merits of
the case.
Link to download the order –https://itat.gov.in/public/files/upload/1606305671-ITA%20No.89%20-%20Smt.pdf
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