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Facts
The assessee filed appeals against orders of the Commissioner of Income Tax (Appeals) for Assessment Years 2020-21 and 2021-22. The assessee intended to settle the dispute by filing Form no.1 under the Direct Tax Vivad Se Vishwas Scheme, 2024.
Held
The Tribunal rejected the assessee's adjournment application. The Tribunal held that the assessee's appeals are liable to be dismissed as withdrawn, with liberty to seek recalling of the order if the VSV Scheme dispute resolution is not settled.
Key Issues
Whether the appeals should be dismissed as withdrawn in light of the assessee opting for the Vivad Se Vishwas Scheme.
Sections Cited
250 of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR
Before: SHRI NARENDRA KUMAR CHOUDHRY & SHRI K.M. ROY, ACCOUNTANT, MEMBER
Date of Hearing – 19/06/2025 Date of Order – 19/06/2025
O R D E R PER K.M. ROY, A.M.
This appeals by the assessee are against the orders of even date 26/06/2024, impugned herein passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [in short, “learned Commissioner”] under section 250 of the Income Tax Act, 1961 (for short, “the Act”) for the Assessment Year (for short, “A.Y.”) 202020–21 and 2021–22 respectively.
The adjournment application filed by the assessee is rejected.
2 Ramesh Kishorilal Kanojiya & 430/Nag./2024
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”) for both the assessment years under consideration and ready to deposit the requisite amount to be determined by the Revenue Authority. In this view of the matter, the assessee’s appeals are liable to be dismissed as withdrawn, however, with liberty to the assessee to seek recalling of this order on non–settling of dispute finally through VSV Scheme, 2024.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 this dismissal will not play any impediment in the disposal of the VSV Scheme application.
In the result, appeals of the assessee for A.Y. 2020–21 and 2021–22 are dismissed as withdrawn. Order pronounced in the open Court on 19/06/2025