SHRI GAYATRI PARIVAR TRUST,PANCHMAHAL vs. THE ACIT, CIRCLE-4(1), VADODARA

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ITA 888/AHD/2024Status: DisposedITAT Ahmedabad11 February 2025AY 2017-18Bench: SMT.ANNAPURNA GUPTA (Accountant Member), SHRI SIDDHARTHA NAUTIYAL (Judicial Member)2 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 acknowledged the assessee's request for withdrawal of the appeal, noting that the assessee had settled the dispute under the Vivad Se Vishwas Scheme and discharged the determined tax liability. Consequently, the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee, Shri Gayatri Parivar Trust, filed an appeal against an order by the CIT(A) for AY 2017-18. Subsequently, the assessee opted for settlement under the Vivad Se Vishwas Scheme, 2024, and after receiving Form No.2 acknowledging settlement and tax liability of Rs.4,49,633/-, discharged the amount and requested to withdraw the appeal.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee has settled the dispute under the Vivad Se Vishwas Scheme and discharged the tax liability.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD

Before: SMT.ANNAPURNA GUPTA & SHRI SIDDHARTHA NAUTIYAL

Hearing: 11/02/2025Pronounced: 11/02/2025

PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER

1.

The above appeal is filed by the assessee against order passed by the ld.Commissioner of Income (Appeal), Pune dated 03.03.2024 under section 250(6) of the Income Tax Act, 1961 [hereinafter referred to as "the Act" for short] for the assessment year 2017-18.

2.

At the outset, it has been brought to the notice of the Bench assessee by way of a letter dated 31.1.2025 sought withdrawal of the present appeal for the reasons that it has opted for settlement of the case under Vivad Se Vishwas Scheme, 2024 and received form no.2 from the designated authority accepting the assessee’s offer of settlement of the dispute and determining the tax liability to be discharged as a consequence of Rs.4,49,633/-, which it was pointed out has since been discharged. Copy of the challan depositing the amount dated 23.01.2025 was placed before us along with Form No.2.

4.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the Court on 11th February, 2025 at Ahmedabad.

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