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Facts
The assessee filed an appeal against the order dated 30/10/2023 passed by the Commissioner of Income Tax (Appeals). The assessee has filed a form under the Direct Tax Vivad Se Vishwas Scheme, 2024, to settle the dispute. A rectification application was also filed due to an apparent mistake in the order.
Held
The assessee's appeal is liable to be dismissed as withdrawn, with liberty to settle the dispute through the VSV Scheme or rectification. The dismissal of the appeal will not impede the disposal of the VSV Scheme application or the rectification application.
Key Issues
Whether the appeal should be dismissed as withdrawn in light of the assessee's intent to settle the dispute through the VSV Scheme and a rectification application.
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 NARENDER KUMAR CHOUDHRY & SHRI K.M. ROY, ACCOUNTANT, MEMBER
Date of Hearing – 16/06/2025 Date of Order – 16/06/2025
O R D E R PER K.M. ROY, A.M.
This appeal has been preferred by the assessee against the order dated 30/10/2023, impugned herein passed by the learned Commissioner of Income Tax (Appeals)/NFAC, Delhi [in short, “ld. Commissioner”] under section 250 of the Income Tax Act, 1961 (for short, “the Act”) for the Assessment Year (for short, “A.Y.”) 2022-23.
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 deposit the requisite amount to be determined by the Revenue Authority. The learned counsel for the assessee also submitted that there is some mistake apparent from record in the order
2 Shilpa Steel and Power Ltd. ITA no.25/Nag./2024 of the ld. Commissioner and, therefore, rectification application has also been filed on 20/01/2025. In this view of the matter, the assessee’s appeal is liable to be dismissed as withdrawn, however, with liberty to the assessee to seek settling of this order on non–settling of dispute through VSV Scheme, 2024 and/or through rectification as well. However, dismissal will not play any impediment in the disposal of the VSV Scheme application, as well as rectification application.
In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 16.06.2025.