SABOO INDUSTRIES,JAIPUR vs. INCOME TAX DEPARTMENT, CIRCLE- 1, JAIPUR

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ITA 331/JPR/2024Status: DisposedITAT Jaipur17 January 2025AY 2015-16Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee has opted for the Vivad Se Vishwas Scheme and the Department has no objection to the dismissal of the appeal. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee opted for the Vivad Se Vishwas Scheme-2024 to settle its tax demand for Assessment Year 2015-16. The assessee submitted Form 2 to the designated authority for this purpose.

What were the issues?

Whether the appeal is maintainable when the assessee has opted for the Vivad Se Vishwas Scheme for settlement of tax liability.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES,”B” JAIPUR

Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 331/JPR/2024

Hearing: 16/01/2025Pronounced: 17/01/2025

fu/kZkj.k o"kZ@Assessment Years : 2015-16 M/s Saboo Industries cuke The DCIT, D-5, Kalwad Scheme, Near Gopal Vs. Circle-1, Bari, Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAVFM5882D vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Amit Kothari, C.A. (Th. V.C.) jktLo dh vksj ls@ Revenue by : Mrs. Anita Rinesh, JCIT-Proxy-DR a lquokbZ dh rkjh[k@ Date of Hearing : 16/01/2025 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 17/01/2025 vkns'k@ ORDER PER: DR. S. SEETHALAKSHMI, J.M.

This appeal filed by the assessee is directed against order of the ld. CIT(A) dated 03-02-2024, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment year 2015-16.

2.

At the outset, we note that the assessee has opted for “Vivad Se Vishwas Scheme-2024” to settle its outstanding tax demand. The assessee has filed a copy of Form 2 dated 17.12.2024 issued by the ld. Pr.CIT, Jaipur-1 designated authority under “Vivad Se Vishwas Scheme-2024”. It M/s Saboo Industries vs. DCIT appears that the assessee has shown interest to pay the tax amount under “Vivad Se Vishwas Scheme-2024” as per Form 2 issued by the Department.

3.

On the other hand ld. DR has submitted that the Department has no objection if the present appeal of the assessee is dismissed being not maintainable once the assessee is interested to settle the dispute under “Vivad Se Vishwas Scheme-2024”.

4.

In view of the fact that the assessee has opted for “Vivad Se Vishwas Scheme-2024” to settle its disputed tax liability for the year under consideration and the Department has issued Form 2 dated 17.12.2024. The present appeal of the assessee is dismissed as withdrawn however, the parties are at liberty to approach the tribunal if there is any discrepancy in respect of the settlement of the tax liability. In the result, the appeal of the assessee is dismissed as having been withdrawn. Order pronounced in the open Court on 17/01/2025.

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