MR. FAROOK REHMAN SHAIKH (LEGAL HEIR OF LATE MR. ABDUL REHMAN RAUF),MUMBAI vs. DCIT CIRCLE 32(1), MUMBAI

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ITA 801/MUM/2025Status: DisposedITAT Mumbai19 May 2025AY 2014-15Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to approach the Tribunal for restitution if the Vivad Se Vishwas Scheme application is not accepted.

What were the facts?

The assessee filed an appeal against an order passed by the National Faceless Appeal Centre for the assessment year 2014-15. The assessee had opted for the Vivad Se Vishwas Scheme-2024.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme, with liberty to seek restitution.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘F’ BENCH, MUMBAI

Before: SHRI AMIT SHUKLA & SHRI PRABHASH SHANKAR

For Appellant: Ms. Sruti Kalyanikar
For Respondent: Smt. Kavita P. Kaushik
Pronounced: 19.05.2025

आदेश / O R D E R PER AMIT SHUKLA (JM): The aforesaid appeal has been filed by the assessee against order dated 24.12.2024 passed by National Faceless Appeal Centre, Delhi for the quantum of assessment passed u/s.143(3) for the A.Y.2014-15.

2.

At the outset, Ld. Counsel for the assessee submitted that assessee has opted for DTVSV-2024 and already Form-1 Mr. Farook Rehman Shaik {Legal Heir of Late Mr. Abdul Rehman Rauf} has been issued. It was submitted that either appeal should be adjourned or if appeal is dismissed as withdrawn, then liberty should be given to the assessee in case the application of “Vivad Se Vishwas Scheme-2024” is not accepted, then assessee may approach this Tribunal to restitute this appeal.

3.

Ld. DR also did not have any objection.

4.

Accordingly, appeal of the assessee is dismissed as withdrawn as the assessee has opted for Vivad Se Vishwas Scheme-2024. In case application for VSVS does not materialize, assessee shall be at liberty to get the appeal restituted. With this liberty, appeal of the assessee is dismissed in-limine.

5.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced on 19th May, 2025.

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