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Facts
The assessee filed an appeal challenging an order that dismissed their appeal and upheld the assessment order. The AO had assessed the total income with additions on long-term and short-term capital gains from the sale of plots.
Held
The Tribunal noted that the appellant sought to withdraw the appeal to avail benefit under the Direct Tax Vivad Se Vishwas Scheme, 2024, and the revenue had no objection. The appeal was dismissed as withdrawn.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee's application to avail the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
143(3), 147
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Income Tax Appellate Tribunal, JAIPUR BENCHES, “SMC-Bench” JAIPUR
Before: SHRI RATHOD KAMLESH JAYANTBHAI, AM & SHRI NARINDER KUMAR, JM vk;djvihy la-@ITA No. 1196/JPR/2024
vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER. On 21-09-2024, the assessee presented this appeal challenging order dated 24-07-2024 passed by the ld. CIT(A), NFAC, Delhi, relating to assessment year 2010-11. 2. Vide impugned order, the appeal filed by the assessee was dismissed thereby upholding the assessment order dated 25-12-2017 passed u/s 143(3) read with section 147 of the Income Tax Act, 1961.
Vide above said assessment order, the AO had assessed total income of the assessee at Rs.19,19,240/- making two additions i.e. one on long term capital gain basis and other on the basis of short term capital gain, in respect of sale of two plots.
On 2-01-2025 on behalf of legal heir of the assessee, through whom present appeal has been filed, an application came to be presented before the Registry with the prayer for withdrawal of this appeal. The reason for withdrawal is that application has been filed to avail benefit of Direct Tax Vivad Se Vishwas Scheme, 2024. As mentioned in the application, Form 2 has already been issued by the PCIT, Udaipur. Its copy has been enclosed with the application. Form No. 4 is yet to be received from PCIT, Udaipur.
Ld. AR for the appellant -applicant submits that this appeal be dismissed as having been withdrawn with the liberty to get the same revived, in case no settlement is arrived at between the parties under the above Scheme. ld. DR for the Department has no objection to the withdrawal of the appeal due to the aforesaid reason. Result 6. In view of the prayer of the appellant- applicant that resort has been made to Direct Tax Vivad Se Vishwas Scheme, 2024, this appeal is hereby dismissed as having been withdrawn. However, it is made clear that the appellant shall be at liberty to move appropriate application, in accordance with law, for the revival of the appeal in case no settlement is arrived at between the parties. File be consigned to the record room, after the needful is done by the office. Order pronounced in the open court on 17/03/2025. Sd/- Sd/- ¼jkBkSM+ deys'k t;UrHkkbZ ½ ¼ujsUnz dqekj½ (RATHOD KAMLESH JAYANTBHAI) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 17 /03/2025 *Mishra, Sr. PS आदेश की प्रतिलिपिअग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू The Appellant- Late Shri Bansidhar Mehta, Thru’L/h Shri Mohan Mehta, Kota 1. 2. izR;FkhZ@ The Respondent- The ITO, Ward-1(3), Kota 3. vk;dj vk;qDr@ The ld CIT 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File By order,
सहायक पंजीकार@Aेेजज. त्महपेजतंत