ACIT-6(1)(2), MUMBAI, MUMBAI vs. ION EXCHANGE(INDIA) LTD, MUMBAI

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ITA 624/MUM/2025Status: DisposedITAT Mumbai22 April 2025AY 2010-11Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member), SHRI OMKARESHWAR CHIDARA (Accountant Member)1 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that while the appeal cannot be withdrawn by the assessee as it was filed by the revenue, the appeal becomes infructuous due to the assessee's submission to the DTVSV scheme and is thus dismissed. The revenue is permitted to recall the order if the assessee fails to meet DTVSV conditions.

What were the facts?

The revenue filed an appeal challenging an order passed under Section 250 of the Income Tax Act, 1961. The assessee filed an application for withdrawal of the appeal due to opting for the Direct Tax Vivad se Vishwas (DTVSV) Scheme, having filed Form No. 1 under the scheme.

What were the issues?

Whether the appeal filed by the revenue is infructuous when the assessee has opted for the DTVSV scheme?

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH MUMBAI

Before: HON’BLE SHRI SANDEEP GOSAIN & SHRI OMKARESHWAR CHIDARA

For Appellant: Shri Mitichand Gupta
For Respondent: Shri Chetan M. Kacha, Sr.DR
Hearing: 22.04.2025Pronounced: 22.04.2025

Date of Hearing 22.04.2025 Date of Pronouncement 22.04.2025 आदेश / ORDER

PER SANDEEP GOSAIN, JM:

1.

1. The present appeal has been filed by the revenue challenging the impugned order 07.11.2024 passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), by the National Faceless Appeal Centre, Delhi (NFAC) for the assessment year 2010-11.

2.

An application for seeking withdrawal of appeal has been filed by the assessee / respondent pursuant to opting for a the Direct Tax Vivad se Vishwas (DTVSV), Scheme, 2024. In the said application, it has been submitted that the assessee had filed Form No. 1 under DTVSV scheme on 27.03.2025 and Form No. 2 (certificate is awaited from the department).

3.

Considering the fact that assessee has submitted to the jurisdiction of DTVSV scheme by filing Form No. 1, therefore there remains no dispute for adjudication before us. Considering the said fact as mentioned in the application filed by the assessee. We are of the view that the present appeal cannot be withdrawn by the assessee as the said appeal has been filed by the department. But taking into consideration the submissions of the assessee before DTVSV scheme the present appeal becomes infructuous and is thus dismissed as being infructuous. However revenue will be at liberty to file an application for recalling of present order in case assessee fail to fulfill the required conditions before DTVSV.

4.

In the result appeal filed by the revenue stands dismissed as infructuous

Order pronounced in the open court on 22.04.2025.

Sd/- Sd/- (OMKARESHWAR CHIDARA) (SANDEEP GOSAIN) (ACCOUNTANT MEMBER) JUDICIAL MEMBER Mumbai, Dated 22/04/2025 KRK, PS आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��थ� / The Respondent. 2. संबंिधत आयकर आयु� / The CIT(A) 3. आयकर आयु�(अपील) / Concerned CIT 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, मु�बई / DR, ITAT, Mumbai 5. गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, स�ािपत �ित //True Copy//

1.

उप/सहायक पंजीकार ( Asst. Registrar) आयकर अपीलीय अिधकरण, मु�बई मु�बई / ITAT, Mumbai मु�बई मु�बई

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