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Facts
The assessee filed an appeal against the CIT(A)'s order for Assessment Year 2013-14 with a delay of 171 days. During the hearing, the assessee informed the Tribunal of their decision to opt for the Direct Tax Vivad Se Vishwas Scheme, 2024.
Held
The Tribunal condoned the 171-day delay in filing the appeal, acknowledging a reasonable cause. Subsequently, due to the assessee's choice to opt for the VSVS Scheme and request for withdrawal, the appeal was dismissed as withdrawn, with a provision for reinstatement if the VSVS application is rejected.
Key Issues
Whether the delay in filing the appeal should be condoned and the implication of the assessee opting for the Direct Tax Vivad Se Vishwas Scheme on the ongoing appeal.
Sections Cited
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Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI S.S. VISWANETHRA RAVI, HON’BLE & SHRI S. R. RAGHUNATHA, HON’BLE
O R D E R
PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is directed against the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, dated 18.03.2024 and pertains to assessment year 2013-14.
At the outset, we find that there is a delay of 171 days in appeal filed by the assessee, for which petition for condonation of delay along with reasons for delay has been filed. After considering
:-2-: ITA. No: 2806/Chny/2024 the petition filed by the assessee and also hearing both the parties, we find that there is a reasonable cause for the assessee in not filing appeal on or before the due date prescribed under the law and thus, in the interests of justice, we condone delay in filing of appeal and admit appeal filed by the assessee for adjudication.
At the time of hearing, the ld.AR for the assessee has stated that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 and has filed copy of Form 2 issued by the PCIT under the VSVS Scheme, 2024 and requested for withdrawal of appeal. In light of the above, we dismiss the appeal of the assessee with a liberty to reinstate the appeal if his application under Direct Tax Vivad Se Vishwas Scheme, 2024, is not accepted.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court at the time of hearing on 29th January, 2025 at Chennai.