Facts
The assessee filed an appeal challenging an assessment order. The assessee later filed an application to withdraw the appeal as they had moved for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2024.
Held
The Tribunal noted the assessee's application to withdraw the appeal due to settlement proceedings under the Vivad Se Vishwas Scheme. The Tribunal held that the appeal deserved to be dismissed as withdrawn.
Key Issues
Whether the appeal can be dismissed as withdrawn based on the assessee's intention to settle under the Vivad Se Vishwas Scheme.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES, “SMC-Bench” JAIPUR
Before: SHRI GAGAN GOYAL, AM & SHRI NARINDER KUMAR, JM vk;djvihy la-@ITA No. 1392/JP/2024
vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER The assessee is in appeal while challenging order dated 20-08-2024 passed by the ld. Addl. CIT(A)-4, Mumbai, whereby the appeal filed by the assessee before the ld. Addl. CIT(A) has been dismissed being barred by limitation.
SHRI BANSI DHAR YADAV VS ITO, WARD 7(1), JAIPUR 2. The above said appeal was filed while challenging the assessment order dated 26-03-2016 passed u/s 143(3) of the Act, computing total income of the assessee at Rs.13,79,630/- and the agriculture income at Rs.3,21,300/- 3. Today, when the appeal has been taken up, an application dated 25-02-2025 submitted on behalf of the appellant has been put up. In the application, the prayer is that this appeal be dismissed as having been withdrawn, as the appellant has moved appropriate application for settlement of the dispute availing of benefit of Direct Tax Vivad Se Vishwas Scheme, 2024. At the same time, it has been requested that the appellant be granted liberty to get the appeal revised, in case of no settlement under the Scheme i.e. Direct Tax Vivad Se Vishwas Scheme, 2024.
Alongwith application, copy of Form No. 2 has been submitted. Form No. 4 is stated to have not so far been issued.
Having regard to the prayer in the application and that the appellant intends to get the matter settled under Direct Tax Vivad Se Vishwas Scheme, 2024, as requested, this appeal deserves to be dismissed as having been withdrawn.
SHRI BANSI DHAR YADAV VS ITO, WARD 7(1), JAIPUR 6. As a result, this appeal is dismissed as having been withdrawn . However, it is made clear that in case no settlement is arrived at under the said Scheme, the assessee -appellant shall be at liberty to file appropriate application for restoration of the appeal, and that too in accordance with law.
Appeal file be consigned to record room after the needful is done by the office. Order pronounced in the open court on 25 / 02/2025.
(xxu Xkks;y) ¼ujsUnz dqekj½ (GAGAN GOYAL) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated 25 /02/2025 *Mishra, Sr. PS आदेश की प्रतिलिपिअग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. The Appellant- Shri Bansi Dhar Yadav, Jaipur 2. izR;FkhZ@ The Respondent- The ITO, Ward 7(1),Jaipur 3. vk;djvk;qDr@ The ld CIT 4. विभागीय प्रतिनिधि] आयकरअपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZQkbZy@ Guard File vkns'kkuqlkj@ By order,
सहायकपंजीकार@Aेेजज. त्महपेजतंत