ASSISTANT COMMISSIONER OF INCOME TAX, LUCKNOW vs. U P POSTAL PRIMARY COOPERATIVE BANK LTD , LUCKNOW

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ITA 42/LKW/2024Status: DisposedITAT Lucknow03 March 2025AY 2017-18Bench: SHRI. SUDHANSHU SRIVASTAVA (Judicial Member), SHRI ANADEE NATH MISSHRA (Accountant Member)2 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal, with no objection from the Ld. CIT(DR), dismissed the Revenue's appeal for statistical purposes due to the assessee having opted for the DTVSVS, 2024. The Revenue was granted the liberty to approach the Tribunal again if the assessee's DTVSVS application is not finally accepted.

What were the facts?

The Revenue filed an appeal against an order passed by the National Faceless Appeal Centre (NFAC) for Assessment Year 2009-10. The assessee's authorized representative requested an adjournment, stating that the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSVS, 2024), but the formal application Form No.2 was still awaited.

What were the issues?

Whether the Revenue's appeal should be dismissed for statistical purposes when the assessee has opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and the formal application form is pending.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “B”, LUCKNOW

Before: SHRI. SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA

For Appellant: Smt. Namita S. Pandey, CIT(DR)

This appeal has been preferred by the Revenue against the order dated 30.11.2023, passed by the National Faceless Appeal Centre (NFAC), Delhi for Assessment Year 2009-10.

2.

At the outset, we find that the an application dated 27.02.2025 has been moved by the Ld. Authorized Representative for the assessee, seeking adjournment, wherein it has been mentioned that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSVS, 2024), however, Form No.2 is still awaited. Since the assessee has opted for DTVSVS, 2024, the appeal of the Department is liable to be dismissed.

3.

The Ld. CIT(DR) has no objection.

4.

In view of the above facts, we dismiss the appeal of the Revenue and the same is consigned to the records with the liberty to the Revenue to approach the Tribunal again in case the assessee’s application under Direct Tax Vivad Se Vishwas Scheme, 2024 is not finally accepted by the Department.

5.

In the result, the appeal of the Revenue is dismissed for statistical purposes.

Order pronounced in the open Court on 03/03/2025.

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