Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2015-16. The assessee had applied for the Direct Vivad Se Vishwas scheme and received Form No. 1 but other forms were not received.
Held
The Tribunal noted that the assessee has applied for the Vivad Se Vishwas scheme and is ready to pay the tax. Both parties agreed that the appeal can be dismissed as withdrawn.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee availing the Vivad Se Vishwas scheme.
Sections Cited
254(1)
AI-generated summary — verify with the full judgment below
िनधा�रतीकीओरसे /Assessee by Ms Shika Uma Agarwal-AR राज�कीओरसे /Revenue by Shri Krishan Kumar– Sr. DR सुनवाईकीतारीख/Date of hearing 08.04.2025 उद्घोषणाकीतारीख/Date of pronouncement 08.04.2025 Order under section 254(1) of Income Tax Act PER: PADMAVATHY S AM: 1. This appeal by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)-55, Mumbai [in short, the ld. CIT(A)] dated 27/08/2024 for the Assessment Year 2015-16.
At the outset of hearing, the learned Authorised Representative (ld. AR) of the assessee submits that the assessee has applied for seeking the benefits of Direct Vivad Se Vishwas-2024 (DTVSV-2024) and has received Form No. 1 vide DIN/acknowledgement No. 787524430301224 dated 30/12/2024, however other Form are not received. The assessee is ready to pay tax as per the order of designated authority. The learned AR for the assessee further submits that she may be allowed to withdraw this appeal.
Pawan Borle (AY 2015-16)
3. On the other hand, 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 DR) for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn” as suggested by this Bench.
We have considered the rival submissions of both the parties and considering the facts that the assessee has already filed application before the prescribed authority under DTVSV-24 and have undertaken to 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 Hence, this appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under DTVSV-2024 do not get finally settled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 08/04/2025 at the time of hearing at the time of hearing.
Sd/- Sd/- (PAWAN SINGH) (PADMAVATHY S.) Judicial Member Accountant Member Mumbai Dated: 08/04/2025 *Self आदेशकी�ितिलिपअ�ेिषत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant ��थ�/ The Respondent आयकरआयु�/ CIT िवभागीय�ितिनिध, आयकरअपीलीयआिधकरण, मुंबई / DR, ITAT, Mumbai गाड�फाईल/ Guard File By order/आदेशसे,
सहायकपंजीकार आयकरअपीलीयअिधकरण, मुंबई