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Income Tax Appellate Tribunal, “ A BENCH, AHMEDABAD
Before: SHRI SANJAY GARG & SHRI MAKARAND V. MAHADEOKAR
ORDER \nPER MAKARAND V. MAHADEOKAR, AM:\nThis appeal has been filed by the Revenue against the order of the\nCommissioner of Income Tax (Appeals), National Faceless Appeal Centre\n(NFAC), Delhi [hereinafter referred to as “CIT(A)"] dated 21.09.2023 for the\n Assessment Year (AY) 2017-18. The Revenue has challenged the deletion of\nthe disallowance of Rs.1,79,79,218/- on account of depreciation on goodwill\nand Rs.19,75,701/- on account of advances written off, as made by the\nAssessing Officer in the assessment order passed under Section 143(3) of the\nIncome Tax Act, 1961.\n2.\nDuring the course of hearing, the Authorized Representative of the\nassessee submitted an application seeking withdrawal of the appeal, stating\nthat the assessee has opted for settlement of the dispute under the Direct Tax\nVivad Se Vishwas (DTVSV) Scheme, 2024. In support of the said\ncontention, a copy of Form No. 2 was placed on record, which shows that the\namount payable under the Scheme has been determined at Rs.34,52,999/-.\n2.
It was further submitted that the tax effect involved in the present\nappeal, as per Form No. 36, is Rs.65,54,960/- and, therefore, the amount\npayable under the Scheme exceeds 50% of the disputed tax liability. It was\nalso pointed out that after adjusting the amount payable under the Scheme,\na sum of Rs.84,49,235/- is determined as refundable to the assessee, as\nreflected in Form No. 2 filed under the DTVSV Scheme.\n3. The Departmental Representative fairly submitted that he has no\nobjection to the withdrawal of the appeal in view of the assessee having\nsettled the dispute under the DTVSV Scheme, 2024.\n4.\nHaving regard to the facts placed on record, particularly the\ndeclaration filed by the assessee under the DTVSV Scheme, 2024, and the\ncomputation of the amount payable under Form No. 2, which is more than\n50% of the disputed tax as reflected in Form No. 36 and further taking note\nof the fact that the balance amount of Rs.84,49,235/- has been determined as\nrefundable to the assessee, we are of the view that the present appeal has\nbecome infructuous and is rendered academic in nature.\n5. Accordingly, the appeal filed by the Revenue is dismissed.\nOrder pronounced in the Open Court on 24th March, 2025 at Ahmedabad.\nSd/-\nSd/-\n(SANJAY GARG )\nJUDICIAL MEMBER\n( MAKARAND V. MAHADEOKAR )\nACCOUNTANT MEMBER\nअहमदाबाद/Ahmedabad, दिनांक/Dated 24/03/2025\nटी. सी. नायर, व.नि. स. / T.C. NAIR, Sr. PS\nआदेश की प्रतिलिपि अग्रेषित/