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Query asked by Sandeep Jain on January 27, 2022

Re: Procedure to withdraw HC Appeal due to availing of Vivas Se Vishwas Scheme

We have paid 25% of penalty tax by availing Vivaad Se Vishwas Scheme.
We had filed petition in HC against income tax. How to withdraw case from HC now? Mere application is enough or have to appoint advocate for withdrawal of case or we can do the same. Previous advocate has shifted from mumbai so have to manage by us. Pls guide.

The assessee has to move an application before the  Tax Bench of the  High Court for withdrawal of appeal giving the details of appeal No ,  tax paid and  certificate received from the competent authority . The said application also  be served on the Assessing Officer who has jurisdiction over the assessee. The matter will be taken up before the High Court and thereafter the High Court will pass an order accepting the request of the assessee. It is not necessary that the assessee has to engage a lawyer . The assessee can appear in person and withdraw the appeal . However the considering the prescribed procedure to be followed and now it is virtual hearing it  may be desirable to engage a service of a  Lawyer who appears regularly before the Tax Bench .  

 


 

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