SHRI NITYANAND CHARITABLE TRUST,NAGPUR vs. ITO WARD-1, NAGPUR
Facts
The assessee filed an appeal against an order passed by the ADDL/JCIT. The assessee had filed Form No.1 under the Vivad Se Vishwas Scheme, 2024, intending to settle the dispute.
Held
The assessee's appeal was considered liable to be dismissed as withdrawn due to the filing of the VSV Scheme application. However, liberty was granted to seek recalling of the order if the dispute settlement through VSV Scheme was not finalized.
Key Issues
Whether the appeal should be dismissed as withdrawn consequent to the assessee opting for the Vivad Se Vishwas Scheme, 2024.
Sections Cited
Section 250 of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH : NAGPUR
Before: SHRI NARENDER KUMAR CHOUDHRY
This appeal has been preferred by the assessee against the order dated 29/02/2024 impugned herein passed by the Ld. ADDL/ JCIT (A)–4, Bengaluru [in short, “Ld.Commissioner”] u/sec. 250 of the Income Tax Act, 1961 (for short, “the Act”) for the Assessment Year (for short, “AY”) 2017-18.
The assessee, with an intention to settle the dispute, has already filed Form No.1 under Direct Tax Vivad Se Vishwas Scheme, 2024, (for short, “VSV Scheme, 2024”) and ready to
2 ITA.No. 266/NAG/2024 deposit the requisite amount to be determined by the Revenue Authority. In this view of the matter, the assessee’s appeal is liable to be dismissed as withdrawn, however, with liberty to the assessee to seek recalling of this order on non–settling of dispute finally through VSV Scheme, 2024. We clarify that dismissal of this appeal will not play any impediment in the disposal of the VSV Scheme application.
In the result, appeal of the Assessee is dismissed as withdrawn. Order pronounced in the open Court on 25.06.2025.
/- Sd/- (Narender Kumar Choudhry) Judicial Member vr/- Copy to
The appellant 2. The respondent 3. The CIT(A), Nagpur concerned. 4. D.R. ITAT, Nagpur Bench, Nagpur. 5. Guard File.
By Order //True Copy //
Sr. Private Secretary, ITAT, Nagpur Bench.