Loading judgment…
Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2008-09. During the hearing, the assessee's AR submitted that the assessee has applied for the benefits under the Vivad Se Vishwas-2024 scheme and has paid the tax liability.
Held
The Tribunal considered the submissions. The assessee had filed an application under DTVSV-24 and paid the tax. The appeal was dismissed as withdrawn.
Key Issues
Withdrawal of appeal due to settlement under Vivad Se Vishwas scheme.
Sections Cited
254(1)
AI-generated summary — verify with the full judgment below
िनधा�रती की ओर से /Assessee by Shri Chetan Khakhkhar, CA राज� की ओर से /Revenue by Shri Mukesh Jain– Sr. DR सुनवाई की तारीख/Date of hearing 27.01.2025 उद्घोषणा की तारीख/Date of pronouncement 27.01.2025 Order under section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER:
1. 1. This appeal by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals), Valsad (in short, the ld. CIT(A)) dated 13/03/2018 for the Assessment Year-2008-09.
2. At the outset of hearing, the learned Authorised Representative (ld. AR) of the assessee submits that the assessee has applied for seeking the benefits of Direct Vivad Se Vishwas-2024 (DTVSV-2024) and has received Form No. 1 vide acknowledgement No. 693579250121124 dated 12/11/2024 and his application has been accepted. The assessee has also paid tax as per the order of designated authority. The learned counsel for the assessee further submits that he may be allowed to withdraw this appeal.
ITA 134/Srt/2024 Pravinbhai D Patel Vs ITO 3. On the other hand, the learned Senior Departmental Representative (ld. Sr. DR) for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn” as suggested by this Bench.
We have considered the rival submissions of both the parties and considering the facts that the assessee has already filed application before the prescribed authority under DTVSV-24 and have paid the tax liability as determined by designated authority. Hence, this appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under DTVSV-2024 do not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application before this Tribunal for restoration of this appeal or any further direction and in such event, the appeal shall get restored. The Assessing Officer is directed to pass the consequential order.
In the result, this appeal of the assessee is dismissed as withdrawn. Order announced in open Court on 27/01/2025. Sd/- Sd/- (BIJAYANANDA PRUSETH) (PAWAN SINGH) लेखा सद�/Accountant Member �ाियक सद�/Judicial Member सूरत / Surat Dated: 27/01/2025 *Ranjan आदेश की �ितिलिप अ�ेिषत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant ��थ�/ The Respondent आयकर आयु�/ CIT िवभागीय �ितिनिध, आयकर अपीलीय आिधकरण, सूरत/ DR, ITAT, SURAT गाड� फाईल/ Guard File By order/आदेश से,
सहायक पंजीकार आयकर अपीलीय अिधकरण, सूरत 2