USHA DEVI BHARTIA ,BANGALORE vs. INCOME TAX OFFICER, WARD-4(3)(2), BANGALORE

PDF · subscribers
ITA 2043/BANG/2024Status: DisposedITAT Bangalore24 February 2025AY 2018-19Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that since the dispute was being resolved under the VSV Scheme, there was no purpose in keeping the appeal pending. The appeal was dismissed.

What were the facts?

The assessee filed an appeal against the NFAC, Delhi order for AY 2018-19. The assessee intended to settle the dispute under the Vivad Se Vishwas (VSV) Scheme, 2024, and filed Form-2 accordingly.

What were the issues?

Whether the appeal should be dismissed in light of the assessee's settlement of 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, ‘B’ BENCH, BANGALORE

Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY

For Appellant: Smt. Suman Lunkar, C.A
For Respondent: Shri Ganesh R Gale, Standing Counsel for Dept
Hearing: 21.01.2025Pronounced: 24.02.2025

PER WASEEM AHMED, ACCOUNTANT MEMBER:

1.

This appeal filed by the assessee is against the NFAC, Delhi order dated 13/08/2024 vide DIN No. ITBA/NFAC/S/2024-25/ 1067606763(1) for the assessment year 2018-19.

2.

In the present appeal, the assessee has contended that she 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 06-01-2025 requesting for the withdrawal of appeal.

3.

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.

4.

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.

Recent GST High Court judgments

Search GST case law →