KRISHNASWAMY NAIDU BHAGYARAJ,CHENNAI vs. ITO, NCC-10(1), CHENNAI

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ITA 2524/CHNY/2024Status: DisposedITAT Chennai10 March 2025AY 2010-11Bench: SHRI SS VISWANETHRA RAVI (Judicial Member), SHRI JAGADISH (Accountant Member)2 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The Tribunal dismissed the appeal as withdrawn because the assessee had opted for the Vivad-se-Vishwas Scheme, 2024. However, the Tribunal granted liberty to the assessee to approach it with an appropriate application if any prejudice was caused by the settlement under the scheme.

What were the facts?

The assessee filed an appeal for AY 2010-11 against an assessment framed by the AO u/s 143(3) r.w.s 147, which was upheld by the CIT(A). During the appeal hearing, the assessee did not appear, but it was noted that they had opted for the Direct Tax Vivad-se-Vishwas Scheme, 2024 and had paid the tax.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee opts for the Direct Tax Vivad-se-Vishwas Scheme, and if so, under what conditions regarding future recourse.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI SS VISWANETHRA RAVI & SHRI JAGADISH

Hearing: 10.03.2025Pronounced: 10.03.2025

आदेश / O R D E R PER JAGADISH, A.M : Aforesaid appeal filed by the assessee for Assessment Year (AY) 2010-11 arises out of the order of Learned Commissioner of Income Tax (Appeals)-18, Chennai [hereinafter “CIT(A)”] dated 26.07.2024 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s 147 of the Income-tax Act, 1961 on 30.03.2015.

2.

When this appeal was taken up hearing, none appeared on behalf of the assessee. However, we note that the assessee has filed Form-1 and opted for Direct Tax Vivad-se-Vishwas Scheme, 2024 and the tax has already been paid.

3.

In light of this, we dismiss the appeal as withdrawn. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Direct Tax Vivad-se-Vishwas Scheme, 2024.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on 10th March, 2025.

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