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Facts
The assessee's appeal against an order of the Ld. CIT(A)/NFAC for AY 2013-14 was listed for hearing. The assessee had previously applied for an adjournment stating they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024. Subsequently, the assessee requested withdrawal of the appeal due to successful settlement under the scheme.
Held
The Tribunal noted that the assessee had settled the tax dispute under the Direct Tax Vivad Se Vishwas Scheme and had paid the determined tax demand. Therefore, the appeal was dismissed as withdrawn.
Key Issues
Whether the appeal should be dismissed as withdrawn when the assessee has settled the tax dispute under the Direct Tax Vivad Se Vishwas Scheme?
Sections Cited
69A
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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI MANISH BORAD & SHRI VINAY BHAMORE
Assessment Year : 2013-14 Raghoba Ramchandra Vs. ITO, Ward-1, Kudal. Sadekar, Kasai Dodamarg, Bhosle Colony, Dodamarg, Sindhudurg- 416512. PAN : DSTPS3993A Appellant Respondent Assessee by : None Revenue by : Shri A. D. Kulkarni Date of hearing : 03.04.2025 Date of pronouncement : 30.05.2025 आदेश / ORDER
PER MANISH BORAD, AM:
This appeal filed at the instance of assessee is directed against the order of Ld. CIT(A)/NFAC dated 27.05.2024 which is arising out of the order for Assessment Year 2013-14 framed on 27.09.2021 by the ITO, NFAC, Delhi.
When the case was called for none appeared on behalf of the assessee. Even on the last date of hearing i.e. on 24.02.2025 there was no representation. However, prior to 24.02.2025, Mr. Rajesh A. Athavale has appeared on behalf of the assessee and seeked adjournment. However, since the assessee has not complied to the Tribunal even after the issuance of valid notice of hearing, we deem it appropriate to adjudicate the appeal on the basis of available records.
The only grounds raised
by the assessee is that Ld. CIT(A)/NFAC erred in confirming the addition of Rs.56,50,000/- made u/s 69A of the Act for unexplained money in respect of cash deposit in the bank account.
4. Before moving to adjudicate the grounds on merit, we take note on an application for adjournment which has been filed today through e-mail without any physical/virtual hearing wherein it has been stated that the client has filed a declaration under the Direct Tax Vivad Se Vishwas Scheme, 2024 and therefore requested to adjourn the hearing. Considering this situation that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024, dealing with merits of the case would be merely academic in nature. During the course of period between the date of hearing of this appeal on 03.04.2025 and prior to pronouncement of the order, a communication has been received from the Authorized Representative of the assessee on 29.05.2025 requesting for withdrawal of the appeal as the assessee has successfully opted for the settlement of tax dispute under the Direct Tax Vivad Se