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Facts
The assessee filed an appeal against the order of CIT(A) for AY 2016-17. During the hearing, the assessee submitted that they have filed Form No.1 under the Direct Tax Vivad se Vishwas Scheme (VSV Scheme) and are awaiting Form No.2.
Held
Considering the submission and CBDT circulars, the appeal was dismissed as withdrawn. The assessee was granted liberty to seek recall if Form No.2 is not issued or the VSV application is rejected.
Key Issues
Whether the appeal should be dismissed as withdrawn due to pendency of VSV Scheme application.
Sections Cited
250, 143(3)
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Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: MS. SUCHITRA KAMBLE & SHRI MAKARAND V. MAHADEOKAR
आयकर अपीलीय अिधकरण, अहमदाबाद "ायपीठ “सी“, अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD सु"ी सुिच"ा का"ले, "ाियक सद" एवं "ी मकरंद वसंत महादेवकर, लेखा सद" के सम"। ] ] BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER आयकर अपील सं / Year : 2016-17 Gujarat Metal Cast Ind. Pvt. The Dy.CIT बनाम/ Ltd. Circle-1(1)(1) v/s. Village Garadhiya Vadodara – 390 007 Jarod Samaiya Road Vadodara – 391 520 "थायी लेखा सं./PAN: AAACG 8433 G अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee by : Shri Tushar Hemani, Sr.Advocate & Shri Parimalsinh B. Parmar, AR Revenue by : Shri A.P. Singh, CIT-DR & Shri Rignesh Das, Sr.DR सुनवाई की तारीख/Date of Hearing : 27 /03/2025 घोषणा की तारीख /Date of Pronouncement: 27 /03/2025 आदेश/O R D E R PER MAKARAND V. MAHADEOKAR, AM:
This appeal filed by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals), National faceless Appeal Centre, Delhi dated 18/09/2023 passed under section 250 of the Income Tax Act, 1961 for the Assessment Year 2016-17, arising from the assessment order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 dated 26/12/2018. Gujarat Metal Cast Ind. Pvt.Ltd. vs. DCIT Asst. Year : 2016-17 2 2. During the course of hearing before us, the learned Authorized Representative (AR) submitted that the assessee has filed Form No. 1 under the Direct Tax Vivad se Vishwas Scheme, 2024 (VSV Scheme) and is awaiting issuance of Form No. 2.
Considering the aforesaid submission and in view of the CBDT Circulars governing the scheme, the appeal filed by the assessee is dismissed as withdrawn, with liberty to the assessee to seek recall of this order and restoration of the appeal in case Form No.2 is not issued within the prescribed time limit or the application under the VSV Scheme is rejected for any reason. The learned Departmental Representative (DR) did not raise any objection to this dismissal.