RAJU KALLIANPUR POOJARY,MUMBAI vs. THE INCOME TAX OFFICER-32 (3) (1), MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL
“K (SMC)” BENCH, MUMBAI

BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER
SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER
Raju Kallianpur Poojary,
D-305, Laxmi Narayan Nagar, Building No.1
Eksar Road, Borivali (West)
Mumbai - 400091. PAN No. AUYPP3804B

……………. Appellant
Versus

ITO – 32(3)(1),
Kautilya Bhavan, Bandra Kurla Complex,
Bandra,
Mumbai-400051. ……………. Respondent

Assessee by : Shri Kunal Dilip Lunawat (Virtually Present)
Revenue by : Shri Kiran Unavekar, Sr. DR

Date of Hearing – 25/03/2025

Date of Order – 25/03/2025

Order under section 254(1) of Income Tax Act

PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal by assessee is directed against the order of Addl. / Joint Commissioner of Income Tax (Appeals) – 8, Delhi [for short to as “Ld. CIT(A)”] dated 30.09.2024 for assessment year (AY) 2011-12. 2. At the outset of hearing, the learned authorised representative (ld.AR) of the assessee submits that the assessee has availed the benefits of Direct Vivad se Visvas Scheme -2024 (DVSV-2024) and has paid the tax liability determined Raju Kallianpur Poojary.

by the prescribed authority / designated authority concerned. The learned AR submits that he has already received Form-2 of DTSVS and he undertakes to file copy thereof in the course of the day. The learned AR of the assessee submits that assessee may be allowed to withdraw the present appeal.
3. On the other hand, 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 DR) for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn”.
4. We have considered the application of assessee for withdrawal of appeal and considering the contention of the ld AR of assessee, the appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the Revenue that in case, if the application preferred by the assessee under DVSV-
2024 does 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 the appeal or any further direction and in such event, the appeal shall get restore. The Assessing Officer is directed to pass the consequential order.
4. In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 25/03/2025. GIRISH AGRAWAL
ACCOUNTANT MEMBER PAWAN SINGH
JUDICIAL MEMBER

MUMBAI, DATED: 25/03/2025

Prabhat
Raju Kallianpur Poojary.

Copy of the order forwarded to:
(1)
The Assessee;
(2)
The Revenue;
(3)
The PCIT / CIT (Judicial);
(4)
The DR, ITAT, Mumbai; and (5)
Guard file.
By Order