THE JEWELLERS ASSOCIATION,BENGALURU vs. INCOME-TAX OFFICER, (EXEMPTIONS), WARD-2, BENGALURU

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ITA 861/BANG/2023Status: DisposedITAT Bangalore17 March 2025AY 2014-15Bench: SHRI WASEEM AHMED (Accountant Member)3 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee is settling the dispute under the VSV Scheme and Form-2 has been issued. Therefore, keeping the appeals pending would serve no purpose and the appeals were dismissed.

What were the facts?

The assessee filed appeals against the order passed by NFAC for assessment years 2013-14 to 2015-16. The assessee intended to settle the dispute under the Vivad Se Vishwas (VSV) Scheme, 2024 and filed Form-2 for the same.

What were the issues?

Whether the appeals should be dismissed as the assessee intends to settle the dispute under the Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH: BANGALORE

Before: SHRI WASEEM AHMED

For Appellant: Shri Pranay Sharma, Advocate
For Respondent: Shri Ganesh R Ghale, Advocate – Standing
Hearing: 11.03.2025Pronounced: 17.03.2025

PER WASEEM AHMED, ACCOUNTANT MEMBER:

1.

These appeals filed by the assessee are against the order passed by the NFAC, Delhi dated 24/07/2023 vide DIN No. ITBA/NFAC/S/250/2023-24/1054534725(1), ITBA/NFAC/S/250/ 2023-24/ 1054535629 and ITBA/NFAC/S/250/2023-24/1054534894(1) for the assessment years 2013-14, 2014-15 and 2015-16 respectively.

2.

In the present appeals, the assessee has contended that it intends to settle the dispute under Vivad Se Vishwas (VSV) Scheme 2024 introduced by the Government of India. Accordingly, during the course of the proceedings before us, the ld. Authorized Representative (AR) of -862/Bang/2023 Page 2 of 3 the assessee submitted that the assessee is in the process of settling the tax dispute in the appeals on hand and filed Form-2 as prescribed under the Direct Tax Vivad se Vishwas Scheme (DTVSV), 2024, issued by the Competent Authority in support of his contention. Accordingly, the ld. AR filed the letter dated 10-03-2025 requesting for the withdrawal of appeals.

3.

The Learned Departmental Representative (DR) confirmed the submission of the AR and raised no objection to the dismissal of the appeals in light of the settlement of dispute under DTVSV, 2024.

4.

I have heard the rival contentions of both the parties and perused the materials available on record. Considering the submission of the parties and particularly in view of the fact that Form-2 has been issued by the revenue authority, we find that no purpose would be served by keeping these appeals pending before the Tribunal. Accordingly, these appeals are dismissed as the issue is being resolved under the Direct Tax Vivad se Vishwas Scheme, 2024. However, before parting it is clarified that in the event the Competent Authority under DTVSV, 2024, for any reason, deems the settlement to be non-operative or invalid, the Assessee shall be at liberty to approach the Tribunal by filing a suitable application for restoration of the appeals to its original number as per the provisions of law.

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