BAIJNATH PRASAD,PATNA vs. ITO, PATNA

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ITA 409/PAT/2024Status: DisposedITAT Patna23 April 2025AY 2015-16Bench: Shri Duvvuru RL Reddy, Vice-President (KZ), Shri Sanjay Awasthi (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the rival submissions and the material on record. The Tribunal dismissed the appeal of the assessee.

What were the facts?

The assessee filed an appeal against the order of the CIT(Appeals) for Assessment Year 2015-16. During the hearing, it was stated that the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, by filing the necessary declaration and depositing the tax.

What were the issues?

Whether the appeal is maintainable after the assessee opted for the Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 91 of the Finance (No.2) Act, 2024

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA-PATNA ‘e-COURT’, KOLKATA

Before: Shri Duvvuru RL Reddy, Vice-(KZ) & Shri Sanjay Awasthi

Per Duvvuru RL Reddy, Vice-President (KZ):- The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals),

2.

At the time of hearing, the ld. Counsel for the assessee has stated that the assessee has already gone into Direct Tax Vivad Se Vishwas Scheme, 2024 (‘DTVSVS 2024’ Scheme) by filing Declaration under sub-section (1) and undertaking under sub- section (4) of section 91 of the Finance (No.2) Act, 2024 in Form No. 1 (under the Direct Tax Vivaad Se Vishwas Scheme, 2024) on 30.12.2024 vide Acknowledgment Number-787485240301224 with the Competent Authority and the assessee has deposited tax in pursuance of Form No. 2 issued by the Department and therefore, prayed before the Bench to make note of the facts in the appeal record.

3.

On the other hand, ld. Departmental Representative argued that the matter be dismissed by upholding the order of ld. CIT(Appeals).

4.

I have heard the rival submissions and perused the material available on record. By considering the totality of the facts and circumstances of the case, I dismiss the appeal of the assessee with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for any reason, whatsoever.

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