BAIJNATH PRASAD,PATNA vs. ITO, PATNA
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.
Held
The Tribunal considered the rival submissions and the material on record. The Tribunal dismissed the appeal of the assessee.
Key Issues
Whether the appeal is maintainable after the assessee opted for the Vivad Se Vishwas Scheme, 2024.
Sections Cited
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),
ITA No. 409/PAT/2024 (A.Y. 2015-2016) Baijnath Prasad National Faceless Appeal Centre (NFAC), Delhi dated 12th March, 2024 passed for Assessment Year 2015-16.
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.
On the other hand, ld. Departmental Representative argued that the matter be dismissed by upholding the order of ld. CIT(Appeals).
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.
ITA No. 409/PAT/2024 (A.Y. 2015-2016) Baijnath Prasad 5. In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 23/04/2025.
Sd/- Sd/- (Sanjay Awasthi) (Duvvuru RL Reddy) Accountant Member Vice-President (KZ) Kolkata, the 23rd day of April, 2025
Copies to :(1) Baijnath Prasad, Tulsi Mandi, Agamkuan, Patna City, Patna-800007, Bihar (2) Income Tax Officer, Ward-6(2), Patna, Lok Nayak Jay Prakash Bhawan, Dak Bunglow Chauraha, Patna-800001, Bihar (3) Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi; (4) CIT - , Patna; (5) The Departmental Representative; (6) Guard File TRUE COPY By order
Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.
