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Facts
The revenue filed an appeal against an order of the CIT(A) for Assessment Year 2015-16, with an 81-day delay which was condoned by the Tribunal. During the hearing, the assessee's representative informed the Tribunal that the assessee had already opted for the Vivad Se Vishwas Scheme 2024 and received the Form 1 acknowledgement.
Held
Given that the assessee had settled the underlying dispute through the Vivad Se Vishwas Scheme 2024 and the Senior DR raised no objection, the Tribunal deemed the revenue's appeal infructuous. Consequently, the appeal was dismissed.
Key Issues
Whether the revenue's appeal remains maintainable when the assessee has already opted for and received acknowledgement under the Vivad Se Vishwas Scheme 2024.
Sections Cited
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Income Tax Appellate Tribunal, “B” BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI SANJAY AWASTHI
Per Bench : This is an appeal filed by the revenue against the order dated 08.01.2024 of the ld. CIT(A), Kolkata-27, passed in DIN & Order No.ITBA/APL/S/250/2023-24/1059488450(1) for the assessment year 2015-2016. 2. The appeal of the revenue is barred by 81 days. In this regard, the revenue has filed an application for condonation of delay stating therein sufficient reasons, which are plausible and not found to be false. Accordingly, we condone the delay of 81 days in filing the present appeal by the revenue and the appeal is heard on merit.
At the time of hearing, it was pointed out by the ld. AR of the assessee that the assessee has already gone into Vivad Se Vishwas Scheme 2024 (VSVS 2024 Scheme), and the assessee has received the 2 acknowledgement of Form 1, therefore, prayed that the appeal of the revenue stands infructuous.
In view of the above, the appeal of the revenue is dismissed as the same having been infructuous on account of the fact that the assessee has already availed to settle the issue through VSVS Scheme 2024 for which the ld. Sr. DR did not raise any serious objection.
In the result, appeal of the revenue stands dismissed. Order dictated and pronounced in the open court on 19/05/2025. (SANJAY AWASTHI) (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 19/05/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant- प्रत्यर्थी / The Respondent- 2. 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file. आदेशधिुसधर/ BY ORDER, सत्यापपत प्रतत //// (