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Facts
The assessee filed an appeal against an order confirming the disallowance of Rs. 1,56,533/- under Section 80P(2)(d) of the Income Tax Act, 1961. The disallowance was based on the return not being filed within the extended due date.
Held
The assessee moved an application stating they have availed the benefit of the Vivad Se Vishwas Scheme. The Revenue had no objection to the withdrawal of the appeal. The appeal was dismissed as withdrawn.
Key Issues
Whether the appeal could be dismissed as withdrawn after the assessee availed the Vivad Se Vishwas Scheme.
Sections Cited
143(1), 80P(2)(d), 139(1)
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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: SHRI SANJAY GARG
The present appeal has been filed by the Assessee against the order passed by the Learned Commissioner of Income Tax (Appeal), Mumbai/ National Faceless Appeal Centre (NFAC), Delhi dated 06.12.2023 arising in the matter of assessment order passed u/s.143(1) of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2021-22.
The Assessee has taken the following grounds of appeal:-
1. Learned ADDL./JCIT(A)-13, Mumbai has erred in confirming the order of the A.O (ADIT, CPC) and further erred in confirming the disallowance made by A.O u/s.80P(2)(d) of Rs.1,56,533/- on the ground that return is not filed u/s.139(1) within extended due date of 15/03/2022, but filed on 26.03.2022.
2. Leaned ADDL./JCIT(A)-13, Mumbai has erred in confirming the disallowance u/s.80P(2)(d) of s.1,56,533/- which is highly disputed and cannot be adjusted u/s.143(1).
3. The assessee caves for liberty to amend, modify and add any grounds of appeal or furnish additional evidences.
The Ld.Counsel for the assessee has moved an application stating that the assessee has availed the benefit of Vivad Se Vishvas Scheme-2024. The assessee has also filed Form No.1 under the Direct Tax Vivad Se Vishwas Scheme, 2024.
The ld. Departmental Representative for the Revenue stated that he has no objection to withdrawal of the appeal in the circumstances narrated on behalf of the assessee.
In the light of request made on behalf of the captioned parties, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, whatsoever, then the assessee will be at liberty to seek restoration of original appeal for hearing before ITAT by moving a separate application in this respect.
Subject to above observations, the appeal filed by the Assessee is hereby dismissed as withdrawn.
This Order pronounced in Open Court on 06.03.2025