EADAR JAYAPRAKASH NARAYANA,KARNATAKA vs. INCOME TAX OFFICER, WARD-1, KOPPAL, KOPPAL
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee had filed Form-2 under the VSV Scheme, indicating the dispute was being resolved. The appeal was therefore dismissed as no purpose would be served by keeping it pending.
What were the facts?
The assessee filed an appeal against an order for AY 2018-19. During the proceedings, the assessee expressed intent to settle the dispute under the Vivad Se Vishwas (VSV) Scheme, 2024.
What were the issues?
Whether the appeal should be dismissed as the assessee intends to settle the dispute under the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH: BANGALORE
Before: SHRI WASEEM AHMED & SHRI PRAKASH CHAND YADAV
PER WASEE M AHMED, ACCOUNTANT MEMBER:
This is an appeal filed by the assessee against the order passed by the NFAC, Delhi dated 30/07/2024 vide DIN No. ITBA/NFAC/S/250/ 2024-25/1067148875(1) for the assessment year 2018-19.
In the present appeal, the assessee has contended that he 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 the assessee submitted that the assessee is in the process of settling the tax dispute in the appeal 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 28-12-2024 requesting for the withdrawal of appeal.
The Learned Departmental Representative (DR) confirmed the submission of the AR and raised no objection to the dismissal of the appeal in light of the settlement of dispute under DTVSV, 2024.
Considering the submission of the parties and 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 this appeal pending before the Tribunal. Accordingly, this appeal is 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 appeal to its original number as per the provisions of law.
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