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Facts
The Revenue filed an appeal against an order passed by the CIT(A)/NFAC for assessment year 2015-16. The assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, for the impugned order.
Held
The Tribunal noted that the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme and deposited the requisite challan. Since no dispute remained, the appeal filed by the Revenue was dismissed.
Key Issues
Whether the appeal filed by the Revenue is maintainable when the assessee has opted for the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R. K. PANDA & SHRI VINAY BHAMORE
Assessment Year : 2015-16 JCIT (OSD), Pune. Vs. Suresh Kumar Lakhotia, 3A/3B, Archies Court, Shankersheth Road, Ghorpade Peth, Pune- 411042. PAN : AAZPL4337L Appellant Respondent Revenue by Shri Arvind Desai : Assessee by : Shri Devdattta Mainkar Date of hearing : 27.02.2025 Date of pronouncement : 27.02.2025 आदेश / ORDER
PER VINAY BHAMORE, JM:
This appeal filed by the Revenue is directed against the order dated 08.11.2023 passed by Ld. CIT(A)/NFAC for the assessment year 2015-16.
When the matter was called for hearing, Ld. AR of the assessee submitted before us that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 for the impugned order against which the Revenue is in appeal. In support of this Form 1 and Form 2 DTVSVS, 2024 was also filed by the assessee.
Ld. DR raised no objection to the above submission of the assessee.
In this regard, we find that the assessee has opted DTVSVS, 2024 & deposited the requisite challan in response to Form 2 issued by Pr. CIT, Pune. Accordingly, no dispute remains & the department/ Revenue is no more aggrieved. Therefore, we dismiss the appeal filed by the Revenue. However, the Revenue is given liberty to revive the appeal proceedings, in the event of Pr. Commissioner of Income Tax declining to issue Final Certificate under Direct Tax Vivad Se Vishwas Scheme, 2024 for whatsoever reasons. Accordingly, the appeal of the Revenue stands dismissed as per above observations.