NISHITHA REDDY VALLAMLA,HYDERABAD vs. ADDL.CIT, RANGE-9, HYDERABAD

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ITA 1407/HYD/2024Status: DisposedITAT Hyderabad02 April 2025AY 2017-18Bench: Shri Vijay Pal Rao (Vice President), Shri Madhusudan Sawdia (Accountant Member)4 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal as it was being settled under the VSV Scheme. The appeal was dismissed as withdrawn.

What were the facts?

The assessee opted for the VSV Scheme 2024 to settle outstanding taxes arising from a penalty levied under Section 271D of the I.T. Act, 1961. The assessee submitted a declaration, obtained Form-2, and paid the determined tax liability.

What were the issues?

Whether the assessee can withdraw the appeal after opting for the VSV Scheme to settle tax disputes.

Which sections of the Income-tax Act were involved?

Section 271D

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ DB-A ‘ Bench, Hyderabad

Before: Shri Vijay Pal Rao, Vice-Shri Madhusudan Sawdia

Hearing: 02/04/2025

Per Vijay Pal Rao, Vice President

1.

This appeal filed by the assessee is directed against the order dated, 06/09/2024 of the learned CIT (A)-NFAC Delhi, relating to A.Y.2017-18.

2.

At the time of hearing, the learned Counsel for the assessee has stated at Bar that, the assessee has opted for VSV Scheme 2024 to settle the dispute of outstanding taxes arising from the impugned order on levy of penalty u/s 271D of the I.T. Act, 1961 by filing the declaration in Form-1. He has further

Page 1 of 3 submitted that the designated authority has issued Form-2 dated 11/03/2025 and the assessee has also paid the taxes as determined in Form-2, vide challan dated 18/03/2025. Thus, he has submitted that the assessee does not want to pursue the present appeal and seek permission to withdraw the present appeal.

3.

On the other hand, the learned DR has raised no objection, if the appeal of the assessee is dismissed as withdrawn in view of the fact that the assessee has opted for VSV Scheme 2024 to settle the tax disputes in question.

4.

Having considered the submissions of both the sides as well as perusal of the relevant record, at the outset we note that the assessee has opted for VSV Scheme 2024 to settle the dispute of outstanding tax due, arising from the penalty levied u/s 2671D of the Act for the year consideration. The designated authority has issued Form-2 on 11/03/2025 determining the tax liability which has been paid by the assessee vide challan dated 18/03/2025. A copy of Form-2 and challan dated 18/03/2025 was placed on record. Accordingly, the assessee is allowed to withdraw the present appeal and consequently, the appeal of the assessee is dismissed as withdrawn. In case the tax dispute, in question, is not finally settled under the VSV Scheme 2024, the assessee may approach the Tribunal for revival of the present appeal subject to limitation.

5.

In the result, appeal filed by the assessee is dismissed being withdrawn.

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