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Facts
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals). The assessee had filed Form No. 1 under the Direct Tax Vivad se Vishwas Scheme, 2024 and was awaiting Form No. 2.
Held
The tribunal considered the submission and the CBDT Circulars. The appeal was dismissed as withdrawn, with liberty to the assessee to seek recall if Form No. 2 was not issued or the scheme application was rejected.
Key Issues
Whether the appeal should be dismissed as withdrawn in light of the assessee's participation in the Vivad se Vishwas Scheme.
Sections Cited
250, 143(3)
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Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: MS. SUCHITRA KAMBLE & SHRI MAKARAND V. MAHADEOKAR
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 22/02/2024 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.
During the course of hearing before us, the learned Authorized Representative (AR) submitted that the assessee has filed Form No. 1 under Ashok Hargun Bhambhani vs. ACIT Asst. Year : 2016-17 the Direct Tax Vivad se Vishwas Scheme, 2024 (VSV Scheme) and is awaiting issuance of Form No. 2. 3. 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submission and in view of the CBDT Circulars governing the scheme, the appeal filed by the assessee is dismissed as withdrawn, with liberty to the assessee to seek recall of this order and restoration of the appeal in case Form No.2 is not issued within the prescribed time limit or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.