AD Mega Structure India P. Ltd. v. ITO (2023)103 ITR 260 Delhi) (Trib)

S. 253 : Appellate Tribunal-Appeals-Legacy Dispute Resolution-Assessee opting to settle dispute under Vivad Se Vishwas Scheme and obtaining Form 4 from Department-Withdrawal of appeal allowed-If dispute unresolved assessee shall be at liberty to approach Tribunal for reinstitution of appeal .[S. 254(1) Direct Tax Vivad Se Vishwas Scheme, 2020]

Held, that the assessee had sought withdrawal of the appeal, opting to settle the dispute relating to the tax arrears for the A Y. 2011-12 under the Direct Tax Vivad se Vishwas Scheme, 2020 and had obtained form 4 from the Department. In the absence of objection from the Department, the request was allowed. However, in case the dispute was unresolved in terms of the Scheme, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately in accordance with law. The Department had no objection with regard to the caveat.(AY. 2011-12)