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Facts
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals). During the pendency of the appeal, the assessee applied under the Direct Tax Vivad se Viswas Scheme, 2024 and paid the determined tax.
Held
The Tribunal noted that the assessee had filed an application under the Vivad se Viswas Scheme and paid the tax. Therefore, the appeal was dismissed as withdrawn, with liberty to revive it if the scheme application failed.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Viswas Scheme.
Sections Cited
143(3), 144C(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “I” BENCH, MUMBAI
Before: SHRI RAJ KUAMR CHAUHAN
(Assessment Year: 2007-08) General Electric Company, Additional Director of Income Tax C/o SRBC & Associates, (International Taxation) Range-3, 14th Floor, The Ruby, 29 Senapati Room No. 1811, 18th Floor, Bapat Marg, Mumbai-400028 / Air India Building, Nariman Point, Vs. DMD Advocates, 121, Maker Mumbai-400021. Chambers-IV, Nariman Point, Mumbai-400021 PAN: AAACG5399M Appellant) : Respondent) : Shri Mrunal Parekh (Virtually Appellant /Assessee by Present), AR Revenue / Respondent by : Shri Satya Pal Kumar, CIT-DR Date of Hearing : 24.06.2025 Date of Pronouncement : 25.06.2025 O R D E R Per Padmavathy S, AM:
This appeal by the assessee is against the final order of assessment passed by the Commissioner of Income Tax (Appeals)-56, Mumbai under section 143(3) r.w.s. 144C(3) of the Income Tax Act, 1961 (the Act) dated 24.01.2017 for AY 2007-08.
2 ITA 2688/Mum/2017 General Electric Company 2. We heard the parties. The assessee vide letter dated 19.03.2025 submitted that the assessee has filed under the aegis of the Direct Tax Vivad se Viswas Scheme, 2024 (DTVSV) an application in Form No.1 and that the application has been processed culminating in the issue of certificate dated 11.03.2025 in Form No.2. It has also been brought to our notice that the assessee has paid the tax on 13.03.2025 as determined in Form No.2 and the copy of the challan in this regard is also submitted. The assessee accordingly submitted that the appeal filed by the assessee shall be treated as withdrawn. In the light of the above submissions, the appeal of the assessee is dismissed as withdrawn with a liberty to the assessee to revive the appeal in the event of the application filed under DTVSV does not go through. Hence the appeal of the assessee is dismissed as withdrawn.
In result, the appeal of assessee is dismissed as withdrawn.