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

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.

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).

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 We are of the view that the present appeal cannot be withdrawn by the assessee as the said appeal has been filed by the department.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.