MONARCH CATALYST P. LTD,THANE vs. ADDL CIT RG -1, MUMBAI

In this case the Assessing Officer had made a total addition of ₹4,81,88,986 u/s. 69 of the Income Tax Act, 1961 (‘Act’ for short), as unexplained investments & 7331/Mum/2010 Monarch Catalyst P. Ltd.

in stock. The learned CIT(A) has partly allowed the appeal filed by the assessee restricting the addition to ₹ 85,22,148/-. The assessee has challenged the same in its appeal and the Revenue seeks restoration of the order passed by the Assessing Officer.

The appellant-assessee has filed an application dated 17.01.2025 seeking to withdraw the appeal on the ground of resolution of the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024 (VsV). It is submitted by the learned counsel for the appellant-assessee that Form No.4 has been issued in pursuance of the application made by the assessee. It is submitted that the appellant-assessee reserves liberty for restoration of the appeal, if found necessary, subject to the final outcome of the application under the VsV.

We have heard parties. Considering the fact that the assessee has opted for settlement of dispute under the VsV Scheme in which Form No.4 has already been issued, the appeal filed by the appellant-assessee is dismissed as withdrawn. In the circumstances, the cross-appeal filed by the Revenue also stands dismissed.

The parties shall have the liberty for restoration of their challenge, if necessary and if so advised, subject to the final outcome of the application under the VsV Scheme. Order pronounced in the open court on 20th January, 2025.