Facts
The Revenue filed an appeal against the order dated 21.08.2024. The assessee had opted for the Vivad-se-Vishwas Scheme 2024 for the assessment year 2016-17 and submitted Form 1 along with acknowledgement. The Designated Authority is yet to issue Form 2.
Held
The Tribunal noted that the assessee had opted for the Vivad-se-Vishwas Scheme. Since the scheme aims to settle pending tax disputes, the appeal filed by the Revenue was dismissed as withdrawn. The Cross Objection also became academic and was dismissed.
Key Issues
Whether the appeal filed by the Revenue is liable to be dismissed as withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme 2024?
Sections Cited
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi & Shri Jagadish
The Assistant Commissioner of Vs. Anantharaman Venkatesh, Income Tax, 37/4&5, SAS Garden, III Floor, Non Corporate Circle 4, Sri Ram Nagar,. Chokkampudur Road, Coimbatore. Coimbatore 641 039. [PAN:ABSPV8374P] (अपीलाथ�/Appellant) (��थ�/Respondent/Cross Objector) अपीलाथ� की ओर से / Appellant by : Ms. V. Aswathy, JCIT ��थ� की ओर से/Respondent by : Shri H. Yeshwanth Kumar, C.A. सुनवाई की तारीख/ Date of hearing : 25.02.2025 घोषणा की तारीख /Date of Pronouncement : 28.02.2025 आदेश /O R D E R
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the Revenue is directed against the order dated 21.08.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2016-17.
When the appeal was taken up for hearing, by filing an application along with Form No. 1 under DTVSV 2024 and & C.O. No. 76/Chny/24 acknowledgement thereon, ld. AR Shri H. Yeshwanth Kumar, C.A. submits that the assessee has opted to avail Vivad-se-Vishwas Scheme 2024 for the above assessment year under consideration and Form 2 is yet to be issued by the Designated Authority. He has further submitted that the appeal filed by the Appellant – Revenue may be dismissed as withdrawn.
The ld. DR Ms. V. Aswathy, JCIT did not oppose to the submissions of the ld. AR.
Having heard both the parties, we note that the assessee opted for the Vivad-se-Vishwas Scheme 2024 and produced copy of Form 1 DTVSV 2024 along with copy of acknowledgement bearing No. 852270780300125 for AY 2016-17 towards settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the Appellant – Revenue is liable to be dismissed as prayed by the ld. AR. 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 Vivad-se-Vishwas Scheme 2024. Thus, the appeal filed by the Appellant-Revenue is dismissed.
& C.O. No. 76/Chny/24 C.O. No. 76/Chny/2024 5. In view of our decision in Revenue’s appeal, wherein, we dismissed the appeal in view of filing of Form 1 under DTVSV 2024 and acknowledgement thereon, consequently, the Cross Objection arising out of the said Revenue’s appeal in becomes academic and dismissed accordingly.
In the result, both the appeal filed by the Revenue and the Cross Objections filed by the assessee are dismissed. Order pronounced on 28th February, 2025 at Chennai.