Loading judgment…
Facts
The assessee filed an appeal against the order of the ld. CIT(Appeals) for Assessment Year 2017-18. During the hearing, the assessee's counsel informed that the assessee had already opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSVS 2024), by filing the necessary declaration and undertaking under Section 91(1) and 91(4) of the Finance (No.2) Act, 2024, and requested an adjournment as Form No. 2 was yet to be issued.
Held
The Tribunal dismissed the appeal, noting the assessee's participation in the DTVSVS 2024. However, it granted the assessee the liberty to revive the appeal by filing a miscellaneous application if they are not successful in the VSVS-24 for any reason.
Key Issues
Whether an appeal should be adjudicated or dismissed/adjourned when the assessee has opted for the Direct Tax Vivad Se Vishwas Scheme and Form No. 2 is pending.
Sections Cited
91(1) of Finance (No.2) Act, 2024, 91(4) of Finance (No.2) Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA
Before: Shri Duvvuru RL Reddy, Vice-(KZ)
Date of concluding the hearing: March 22, 2025 Date of pronouncing the order: April 23, 2025 O R D E R
The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFITA-AC), Delhi dated 18th November, 2024 passed for Assessment Year 2017-18.
(A.Y. 2017-2018) Goutam Mondal 2. At the time of hearing, the ld. Counsel for the assessee has stated that the assessee has already gone into Direct Tax Vivad Se Vishwas Scheme, 2024 (‘DTVSVS 2024’ Scheme) by filing Declaration under sub-section (1) and undertaking under sub- section (4) of section 91 of the Finance (No.2) Act, 2024 in Form No. 1 (under the Direct Tax Vivaad Se Vishwas Scheme, 2024) on 11.02.2025 with the Competent Authority and Form No. 2 has not been issued by the Department yet and therefore, prayed before the Bench to adjourn the hearing of the case.
On the other hand, ld. Departmental Representative argued that the matter be dismissed by upholding the order of ld. CIT(Appeals).
I have heard the rival submissions and perused the material available on record. By considering the totality of the facts and circumstances of the case, I dismiss the appeal of the assessee with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for any reason, whatsoever.
In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 23/04/2025.