RAJENDRABHAI MOHANLAL SHAH,AHMEDABAD vs. THE PCIT, VADODARA -1, VADODARA

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ITA 222/AHD/2023Status: DisposedITAT Ahmedabad20 March 2025AY 2018-19Bench: S/SHRI SANJAY GARG, JUDICIAL MEMBER AND MAKARAND V. MAHADEOKAR (Accountant Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had settled the dispute with the department under the Vivad Se Vishwas Scheme. Therefore, there was no reason to keep the appeal pending.

What were the facts?

The assessee filed an appeal against an order passed by the Ld.Pr.CIT under Section 263 of the Income Tax Act. The assessee had opted for settlement under the Vivad Se Vishwas Scheme, 2024, and the settlement was finalized.

What were the issues?

Whether the appeal should be dismissed as withdrawn when the assessee has opted for settlement under the Vivad Se Vishwas Scheme and the settlement has been finalized.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD

Before: S/SHRI SANJAY GARG & MAKARAND V. MAHADEOKAR

Hearing: 20/03/2025Pronounced: 20/03/2025

आदेश आदेश/O R D E R आदेश आदेश

Per Sanjay Garg, Judicial Member

1.

The above appeal has been filed by the assessee against order passed by the Ld.Pr.Commissioner of Income Tax-1, Vadodara [hereinafter referred to as “ld.Pr.CIT] dated 04.03.2023 in exercise of jurisdiction under section 263 of the Income Tax Act, 1961 ("the Act" for short) arising out of the order of passed by the Assessing Officer under section 143(3) of the Act, pertaining to Assessment Year 2023- 24.

2.

At the outset, it was brought to the notice of the Bench that the ld.counsel for the assessee, Shri Divyang J. Shah, has filed a letter

2 dated 19.3.2025 on behalf of the assessee stating that the assessee has opted for settlement of the case under the Vivad Se Vishwas Scheme, 2024 and finally the ld.Pr.CIT has issued Form No.4 dated 30.1.2025 stating full and final settlement of the tax arrear in the case of the assessee. He has placed on record a copy of the Form No.4. The contents of the above letter is as under:

“Sub:-Request for adjournment in above case Appeal for the subject matter is fixed on 20th March, 2025. In this regards, we would like to state that appellant has filed an application in Form 1 under Direct Tax Vivad Se Vishwas Scheme, 2024 and the same has been accepted by the Id Pr. CIT-1, Vadodara by issuing Form 2 under DTVSVS, 2024. The appellant has also paid requisite tax and filed Form 3 under DTVSVS, 2024. And Ld. Pr CIT-1, Vadodara has also issued Form 4 under DTVSVS, 2024 for full and final settlement of tax-arrear of the above case. For your honor's ready reference, we have attached herewith copy of Form 4 as per Annexure- A. Hence, we would like to request your honor to kindly grant the adjournment of few days. In this regards, inconvenience cause to your Honor is regretted.

3.

In view of the fact that the assessee is stated to be resolved the dispute with the department by payment of the settled amount, we find no reason to keep pending appeal of the assessee before the Tribunal. Accordingly, the appeal of the assessee stand dismissed as withdrawn.

4.

In the result, the appeal of the assessee is dismissed under VSV scheme. Order pronounced in the Court on 20th March, 2025 at Ahmedabad.

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