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Facts
The assessee filed an appeal against an order of the CIT(A) which was passed consequent to an assessment order. During the hearing, the assessee submitted that they had filed Form No. 1 under the Direct Tax Vivad se Vishwas Scheme (VSV Scheme) and were awaiting Form No. 2.
Held
The Tribunal considered the assessee's submission regarding the VSV Scheme and, in line with CBDT Circulars, dismissed the appeal as withdrawn. Liberty was granted to the assessee to seek recall of the order if Form No. 2 was not issued or the application was rejected.
Key Issues
Whether the appeal can be dismissed as withdrawn on the basis of the assessee's intention to utilize the Vivad se Vishwas Scheme and awaiting its procedural completion.
Sections Cited
250, 143(3)
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Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: SHRI T.R. SENTHIL KUMAR & SHRI MAKARAND V. MAHADEOKAR
"ी टी.आर. से""ल कुमार, "ाियक सद" एवं "ी मकरंद वसंत महादेवकर, लेखा सद" के सम!। ] ] BEFORE SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER AND SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER आयकर अपील सं / Year : 2017-18 Cube Construction The Dy.CIT बनाम/ Engineering Ltd. Central Circle-3 v/s. 1, Chandramani Nagar Vadodara – 390 007 Nr. Vidhya Vihar Off. High Tens Vadodara – 390 023 (Gujarat) "थायी लेखा सं./PAN: AACCC 8103 D (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee by : Shri Tej Shah, AR Revenue by : Shri Abhay Kumar Thakur, CIT-DR सुनवाई की तारीख/Date of Hearing : 26 /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 pertain to the Assessment Year (AY) 2017-18 against the order dated 03/02/2023 passed by the Commissioner of Income Tax (Appeals)-12, Ahmedabad (“CIT(A)” for short] passed under section 250 of the Income Tax Act, 1961 arising from the assessment order dated 31/12/2019 passed by the Assessing Officer u/s.143(3) of the Income Tax Act, 1961. Cube Construction Engineering Ltd. vs. DCIT Asst. Year :2017-18 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submission and in view of the CBDT Circulars governing the scheme, the appeal filed by the assessee is dismissed as withdrawn, with liberty to the assessee to seek recall of this order and restoration of the appeal in case Form No.2 is not issued within the prescribed time limit or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.