MR SHAMBHU J SINGH ,MUMBAI vs. ACIT 25(3), MUMBAI

None appeared on behalf of assessee, however, an application for adjournment is filed by Ravi H Dasija & Co CA‟s interalia stating that assessee has applied for opting benefit of Direct Vivad Se Viswas Scheme-2024 (DTVSV-2024) and has received Form-1 vide acknowledgement No. 921745970310325 dated 31.03.2025. This fact was brought in the notice of Ld Sr departmental representative (Sr DR) for the revenue.

The learned Senior Departmental Representative (ld. Sr. DR) for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn”. Considering the facts that the assessee has already applied for Shambhu J Singh (AY 2009-10) seeking benefit of DTVSV-24, thus, the application for adjournment filed by the assessee is dismissed.

We have considered the statement of Ld Sr DR for the revenue and the facts that the assessee has already filed application before the prescribed authority under DTVSV-24 and would pay the tax liability as determined by designated authority. Hence, this appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under DTVSV-2024 do not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application before this Tribunal for restoration of this appeal or any further direction and in such event, the appeal shall get restored. The Assessing Officer is directed to pass the consequential order.

In the result, this appeal of the assessee is dismissed as withdrawn. Order announced in open Court on 08/05/2025.