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Facts
The assessee challenged an order of the CIT(A) which dismissed their appeal against an assessment order for AY 2012-2013. During the hearing, it was submitted that the assessee had opted for settlement under The Direct Tax Vivad Se Vishwaas Scheme, 2024.
Held
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 Consequently, the present appeal was dismissed as withdrawn, with liberty to revive if the settlement application did not result in dispute resolution.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwaas Scheme.
Sections Cited
143(3)
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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 Shree Mahavir Associates and Dev Land and Housing Ltd. Ground floor, Dev Corpora Bldg. Eastern Express Highway, Khopat, Thane(W) – 400 602 Maharashtra [PAN:AADAS0263K] …………. Appellant Vs ACIT Central Circle, Thane A Wing, 6th floor, Ashar IT Park, Road No. 16Z, Wagle Ind. Estate, Thane – 400 604, Maharashtra …………. Respondent Appearance For the Appellant/Assessee : Ms. Vidhi Soloni 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 19/06/2024, passed by the Ld. Commissioner of Income Tax (Appeals), Mumbai [hereinafter referred to as the ‘CIT(A)’], whereby the Ld. CIT(A) had dismissed the appeal of the Assessee against the assessment order passed under Section 143(3) 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 Authorised Representative for the Appellant/Assessee submitted that the Appellant/Assessee has filed application under the ‘The Direct Tax – Vivad Se Vishwaas Scheme, 2024’ opting for settlement. In this regard reliance was on record copy of Form 1 Assessment Year: 2012-2013 DTVSV 2024 e-filed under the ‘The Direct Tax – Vivad Se Vishwaas Scheme’, 2024 on 27/01/2025 having e-filing Acknowledgment Number 84388056027025 and submitted that the Assessee has opted for settlement under the Vivad Se Vishwaas Scheme - 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.
In terms of aforesaid the present appeal is dismissed as withdrawn.