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SADASHIVAMURTHY,BENGALURU vs. INCOME TAX OFFICER, WARD-3(3)(1), BANGALORE

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ITA 2360/BANG/2024[2020-21]Status: DisposedITAT Bangalore06 January 20253 pages

Income Tax Appellate Tribunal, ‘A’ BENCH: BANGALORE

Before: SHRI WASEEM AHMED & SHRI PRAKASH CHAND YADAVAssessment Years: 2020-21

For Appellant: Shri G Venkatesh, Advocate
For Respondent: Shri Ganesh R Gale, Standing Counsel for Dept.
Hearing: 06.01.2025Pronounced: 06.01.2025

PER WASEEM AHMED, ACCOUNTANT MEMBER:

This is an appeal filed by the assessee against the order passed by the NFAC,
Delhi dated
21/08/2024
vide
DIN
No.
ITBA/NFAC/S/250/2024-25/1067824506(1) for the assessment year
2020-21. 2. At the outset, during the course of the proceedings before us, the ld. Authorized Representative (AR) of the Assessee submitted that the Assessee has filed declaration in Form-1 as prescribed under the Direct
Tax Vivad se Vishwas Scheme (DTVSV), 2024, before the Competent
Authority for settling the tax dispute in the appeal on hand. It was Page 2 of 3

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further submitted by the ld. AR that the assessee has obtained Form-2
determining the tax to be paid under the Direct Tax Vivad se Vishwas
Scheme (DTVSV), 2024, from the Competent Authority. Accordingly, the ld. AR submitted that these filings are in process under the said scheme, which aims to resolve the tax dispute.

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 ongoing settlement process under DTVSV, 2024. 3.1 Considering the submission of the parties and in view of the fact that Form-1 has been filed under DTVSV, 2024 and Form-2 has been issued, 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. 4. 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.

5.

In the result, the appeal filed by the Assessee is hereby dismissed under DTVSV 2024. Order pronounced in court on 6th day of January, 2025 (PRAKASH CHAND YADAV) Accountant Member Bangalore Dated, 6th January, 2025

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Copy to:

1.

The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore. 6. Guard file

By order

Asst.

SADASHIVAMURTHY,BENGALURU vs INCOME TAX OFFICER, WARD-3(3)(1), BANGALORE | BharatTax