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Facts
The assessee appealed against an order of the learned CIT(A) for AY 2016-17. During the hearing, the assessee submitted that they had already filed Form 1 under the Direct Tax Vivad se Vishwas Scheme, 2024 (DTVSV Scheme) and had received Form 2 from the designated authority, hence requesting withdrawal of the appeal.
Held
The Tribunal noted that the assessee had opted for the DTVSV Scheme and received Form 2, and the learned D.R. had no objection. In accordance with sections 91(2) and 92(1) of the DTVSV Scheme, the appeal was dismissed as withdrawn, with a liberty to the assessee to seek reinstatement if the DTVSV application is not accepted for any reason.
Key Issues
Whether an appeal before the ITAT should be dismissed as withdrawn when the assessee has settled the matter under the Direct Tax Vivad se Vishwas Scheme, 2024 and received the necessary certificate.
Sections Cited
250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH : COCHIN
AssessmentYear:2016-17 Pallichankudi Joseph Peter Mananthavady JCIT Wayanad Range-2 Vs. Kerala 670 645 Kozhikode PAN NO :AHAPP1021F APPELLANT RESPONDENT Appellant by : Shri Arun Raj S., A.R. Respondent by : Smt. Leena Lal, Sr. D.R. Date of Hearing : 30.01.2025 Date of Pronouncement : 29.04.2025 O R D E R PERKESHAV DUBEY, JUDICIAL MEMBER: This appeal at the instance of the assessee is directed against theorder of the ld. CIT(A)/NFAC dated 2.8.2024 vide DIN & Order No. ITBA/NFAC/S/250/2024-25/1067262069(1) passed u/s 250of the Income Tax Act, 1961 (in short “the Act”) for theassessment year 2016-17.
The assessee has raised various grounds of appeal.
However, at the outset, during the course of hearing of appeal before us, the ld. A.R. for the assessee drew our attention to his letter dated 21.01.2025 filed on 23.01.2025, wherein it is submitted that the assessee had already approached the designated authority to settle the captioned appeal under the Direct Tax Vivad se Vishwas Scheme, 2024 (DTVSV Scheme)by filing the Form 1 DTVSV Pallichankudi Joseph Peter, Wayanad Page 2 of 3 2024 and the designated authority had already issued the Form-2 for the assessment year 2016-17. Consequently, in compliance with the provisions of the DTVSV Scheme, the assessee requested to allow for the withdrawal of the appeal.
The ld. D.R. on the other hand has no objection towards the request forwithdrawal of the appeal as the assessee has already opted for DTVSV 2024.
We have heard the rival submissions and perused the materials available on record. As per the provisions of section 91(2) of the DTVSV Scheme, 2024, any appeal pending before the ITAT or CIT(A) in respect of disputed interest or disputed penalty or disputed fee or tax arrears shall be deemed to have been withdrawn upon the issuance of certificate u/s 92(1) of the DTVSV Scheme, 2024. 5.1 On going through the letter we find that the Form No.2 i.e. Certificate under sub-section (1) of section 92 of the Finance (2) Act, 2024, is already issued by the competent authority. This being so, we, accordingly, as per the request letter dated 21.01.2025 for the assessment year 2016-17, dismiss this appeal of the assessee as withdrawn with a liberty to reinstate the appeal if the assessee’s application under the DTVSV Scheme, 2024 is not accepted for any reason.
In the result, the appeal filed by the assessee isdismissed as withdrawn. Order pronounced in the open court on 29th Apr, 2025