ASHOK AGARWAL REPRESENTED BY LEGAL HEIR SIDHART AGARWAL,CHENNAI vs. COMMISSIONER OF INCOME TAX (APPEALS), FACELESS

This appeal filed by the assessee is directed against the order dated 31.07.2024 passed by the ld. Commissioner of Income Tax (Appeal), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2012-13.

We find no representation on behalf of the assessee or any application filed seeking adjournment. Thus, the assessee called absent and set exparte. However, the ld. AR filed written submission on behalf of the assessee along with Form 1 & Form 2 under DTVSV 2024. Hence, we proceed to decide the appeal on merits after hearing the ld. DR basing on the material available on record.

We note that one behalf of the assessee, by way of written submission dated 08.01.2025, the ld. AR filed Form No. 1 under DTVSV 2024, for opting to avail the Vivad-se-Vishwas Scheme 2024 and Form No. 2 was also filed, which was issued by the Designated Authority and prayed for withdrawal of the appeal filed by the assessee.

The ld. DR Shri K. Rohan Raj, CIT did not oppose to the written submission of the ld. AR.

We note that the assessee opted for the Vivad-se-Vishwas Scheme 2024 and the Designated Authority issued Form No.2 vide Acknowledgement No. 779113431271224 dated 27.12.2024 for the 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 In view of the above facts and circumstances, the appeal filed by the assessee is liable to be dismissed as withdrawn as prayed in the written submission. 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.