RAKESH NANDKUMAR VARMA,GHATKOPAR, MUMBAI vs. ITO WARD 42(3)(1), BKC, MUMBAI

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ITA 2313/MUM/2024Status: DisposedITAT Mumbai27 February 2025AY 2012-13Bench: the Tribunal within the period prescribed.1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the Assessee had filed an application under the Vivad Se Vishwaas Scheme. Consequently, the present appeal was dismissed as withdrawn, with liberty granted to revive it if the settlement application did not resolve the dispute.

What were the facts?

The Assessee challenged an order by the NFAC which dismissed their appeal against a Rectification Proceeding under Section 154. During the hearing, it was submitted that the Assessee had opted for settlement under 'The Direct Tax Vivad Se Vishwaas Scheme, 2024'.

What were the issues?

Whether the appeal is to be dismissed as withdrawn due to the Assessee opting for settlement under the Vivad Se Vishwaas Scheme.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, D” BENCH, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL "D” BENCH, MUMBAI SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER MS. RENU JAUHRI, ACCOUNTANT MEMBER Rakesh Nandkumar Varma 1D/34, Kalpataru Aura, L.B.S. Marg, Ghatkopar – 400086. Maharashtra [PAN: AAOPV0722G] …………. Appellant Vs Income Tax Officer Ward 42(3)(1), Mumbai Kautilya Bhawan, BKC, Mumbai – 400051. Maharashtra …………. Respondent Appearance For the Appellant/Assessee : None For the Respondent/Department : Shri R. R. Makwana Date Conclusion of hearing : 10.02.2025 Pronouncement of order : 27.02.2025 O R D E R Per Rahul Chaudhary, Judicial Member:

1. 1. By way of the present appeal the Assessee has challenged the order dated 19/02/2024, passed by the National Faceless Appeal Centre (NFAC), Delhi, [hereinafter referred to as the ‘CIT(A)’], whereby the Ld. CIT(A) had dismissed the appeal of the Assessee against the Notice for Rectification Proceeding dated 20/08/2024, passed under Section 154 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the Assessment Year 2012-2013.

2. When the appeal was taken up for hearing the Learned Departmental Representative submitted that the Appellant/Assessee has filed application under the ‘The Direct Tax – Vivad Se Vishwaas Scheme, 2024’ opting for settlement. We find that the Assessee had already placed on record a copy of Assessment Year: 2012-2013 Form 1 [Acknowledgment Number 748107800101224] filed under the ‘The Direct Tax – Vivad Se Vishwaas Scheme’, 2024 on 10/12/2024. In view of the aforesaid, the present appeal preferred by the Assessee is dismissed as withdrawn with liberty granted to the Assessee to revive the same in case the application filed by the Assessee does not result in settlement of dispute by way of filing miscellaneous application before the Tribunal within the period prescribed.

3.

In terms of above, the present appeal is dismissed as withdrawn.

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