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Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2015-16. During the hearing, the assessee's counsel submitted that the assessee had applied for and been accepted under the Direct Vivad Se Vishwas-2024 scheme and had paid the tax liability.
Held
The Tribunal considered the submissions of both parties. Given that the assessee had opted for and paid tax under the Vivad Se Vishwas scheme, and the Revenue had no objection, the Tribunal found it appropriate to dismiss the appeal as withdrawn.
Key Issues
Whether the appeal can be dismissed as withdrawn in light of the assessee's successful application under the Vivad Se Vishwas scheme.
Sections Cited
254(1) of Income Tax Act, DTVSV-2024
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िनधा�रती की ओर से /Assessee by Shri Rasesh Shah, CA राज� की ओर से /Revenue by Shri Mukesh Jain– Sr. DR सुनवाई की तारीख/Date of hearing 20.01.2025 उद्घोषणा की तारीख/Date of pronouncement 20.01.2025 Order under section 254(1) of Income Tax Act PER: BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER:
1. 1. This appeal by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals), Ahmedabad-13 (in short, the ld. CIT(A)) dated 08/04/2024.
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. 817578530130125 dated 13/01/2025 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.
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 DR) for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn” as suggested by this Bench.
ITA 655/Srt/2024 Vinodkumar Dahyabhai Patel Vs ITO(IT) 4. 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 Hence, this appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under DTVSV-2024 do not get finally settled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 20/01/2025.
Sd/- Sd/- (PAWAN SINGH) (BHAGIRATH MAL BIYANI) �ाियक सद�/Judicial Member लेखा सद�/Accountant Member सूरत / Surat Dated: 20 /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