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Facts
The assessee and revenue filed appeals against an assessment order. Both parties later sought withdrawal of their appeals under the Direct Tax Vivad se Viswas Scheme, 2024, having filed applications and received certificates for settlement. The revenue's appeal was also rendered infructuous due to the assessee's settlement covering its issues.
Held
The Tribunal noted the submissions and letters filed by both the assessee and the revenue for withdrawal of their respective appeals. Consequently, both appeals were dismissed as withdrawn.
Key Issues
Whether the appeals filed by the assessee and the revenue should be dismissed as withdrawn in light of their applications filed under the Direct Tax Vivad se Viswas Scheme, 2024.
Sections Cited
143(3), 144C(13), 250
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Income Tax Appellate Tribunal, “J” BENCH, MUMBAI
Before: SHRI ANIKESH BANERJEE, JM &
& 2254/Ahd/2018 Vodafone India Services Pvt. Ltd. Revenue / Respondent by : Shri Mahesh Shah (Special Counsel for Department) : 28.03.2025 Date of Hearing Date of Pronouncement : 28.03.2025 O R D E R Per Padmavathy S, AM: These appeals by the assessee and the revenue are against the final order of assessment passed by the Deputy Commissioner of Income Tax-4(1)(2), Mumbai [for short 'the AO'] passed under section 143(3) r.w.s 144C(13) dated 31.08.2018 for AY 2010-11.
We heard the parties. The assessee vide letter dated 24.03.2025 submitted that the assessee has filed under the aegis of the Direct Tax Vivad se Viswas Scheme, 2024 (DTVSV) an application in Form No.1 and that the application has been processed culminating in the issue of revised certificate dated 21.03.2025 in Form No.2. The extract of the letter is reproduced below – & 2254/Ahd/2018 Vodafone India Services Pvt. Ltd.
The ld AR accordingly submitted that the appeal filed by the assessee shall be treated as withdrawn. The ld AR further submitted that the assessee while filing the Form 1 has included the issues contended by the revenue in the cross appeal and thus the appeal of the revenue would become infructuous. We notice that the revenue vide letter dated 28.03.2025 has also sought withdrawal of the appeal filed by the revenue in ITA No.2254/Mum/2018.
In the light of the above submissions and the letters filed by the assessee and the revenue, the appeals of both the assessee and the revenue are dismissed as withdrawn with a liberty to both the parties to revive the appeal in the event of the application filed under DTVSV does not go through.
In result the appeals of the assessee and the revenue are dismissed.