KANNAN HARIKRISHNAN,CHENNAI vs. ITO, CHENNAI

This appeal filed by the assessee is directed against the order dated 26.09.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2018-19.

We find that this appeal is filed with a delay of 30 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee are bonafide, which really prevented in filing the appeal in time. Thus, the delay is condoned and admitted the appeal for adjudication.

When the appeal was taken up for hearing, by filing Form No. 3 under DTVSV 2024, the ld. AR Ms. T.V. Muthu Abirami, Advocate submits that the assessee has opted to avail the Vivad-se-Vishwas Scheme 2024 and filed Form No. 1 for the above assessment year under consideration. She has further submitted that the appeal filed by the assessee may be treated as withdrawn.

The ld. DR Shri A. Sasikumar, CIT 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 filed Form No.3 vide Acknowledgement No. 834771040220125 dated 22.01.2025 for AY 2018-19 towards settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the assessee is liable to be dismissed as withdrawn as prayed by the ld.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 Thus, the appeal filed by the assessee is dismissed as withdrawn.

In the result, the appeal filed by the assessee is dismissed. Order pronounced on 28th February, 2025 at Chennai.