Facts
The assessee sought adjournment to await Form No.4 under the Vivad Se Vishwas Scheme, having already submitted Form No.3 and paid taxes. The Revenue representative had no objection to the appeal being dismissed as withdrawn.
Held
The Tribunal noted that the assessee had successfully filed for the Vivad Se Vishwas Scheme and paid dues. The appeal was dismissed as withdrawn, with liberty to the assessee to move a miscellaneous application if the scheme application is rejected.
Key Issues
Whether the appeal should be adjourned pending receipt of Form No.4 under the Vivad Se Vishwas Scheme, or dismissed as withdrawn.
Sections Cited
250, 143(3), 144B
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “SMC”, PUNE
Before: DR.MANISH BORAD
आदेश / ORDER
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
This appeal filed by the assessee pertaining to the assessment year 2020-21 is directed against the order dated 12.11.2024 of National Faceless Appeal Centre, Delhi passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) arising out of the Assessment Order dated 22.09.2022 passed u/s.143(3) r.w.s.144B of the Act.
Assessee sought adjournment stating that it has opted for Vivad Se Vishwas Scheme, 2024 and has received Form No.2 and tax payment as per Form No.2 has been paid and Form No.3 has also been submitted. However, it sought adjournment till Form No.4 is received. But since the assessee HUF has already submitted Form No.3 and paid due taxes, I do not find any reason to adjourn the appeal and proceed to adjudicate the same on the basis of available records with the assistance of ld. Departmental Representative.
I have gone through the record and notice that assessee HUF has successfully filed the application for settling the tax dispute under Vivad Se Vishwas Scheme, 2024 and has also paid the due taxes. Ld. Departmental Representative raised no objection if the appeal of the assessee is dismissed on account of settling of the tax dispute under Vivad Se Vishwas Scheme, 2024. I accordingly dismiss the appeal of the assessee as withdrawn subject to rider that in case the assessee HUF’s Vivad Se Vishwas Scheme application is rejected, the assessee will be at liberty to move Miscellaneous Application within the prescribed time limit.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced on this 20th day of June, 2025.