Facts
The assessee filed four appeals against orders of the NFAC/Ld.CIT(A) for AYs 2013-14 and 2012-13. The assessee had applied for and been accepted into the Vivad se Visvas Scheme -2024 (VSV-24) and paid the determined tax liability.
Held
The Tribunal considered the submissions of both parties. Since the assessee had successfully applied under the VSV-24 scheme and paid the tax, the appeals were dismissed as withdrawn. Liberty was granted to restore the appeals if the VSV-24 settlement did not finalize.
Key Issues
Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad se Visvas Scheme?
Sections Cited
Section 254(1) of Income Tax Act, Vivad se Visvas Scheme -2024
AI-generated summary — verify with the full judgment below
आयकर अपीलीय अिधकरण, सूरत "ायपीठ, सूरत IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos. 641 & 642/SRT/2024 (AY 2013-14) आयकर अपील सं./ITA Nos. 721 & 722/SRT/2024 (AY 2012-13) (Hybrid hearing)
Chetankumar Champakbhai Maisuria Income Tax Officer, E-5, Gajanand Society, Opp. Dena Ward-1, Navsari, 208, Aaykar बनाम Bank, Kabilpore, Navsari-396 445 Bhavan, Nr. Charpool Police Vs [PAN : AHLPM 4697 H] Chowki, Charpool, Navsari-396 445 अपीलाथ"/Appellant ""थ" /Respondent
िनधा"रती की ओर से /Assessee by Shri Kiran K Shah, CA राज" की ओर से /Revenue by Shri Mukesh Jain– Sr-DR सुनवाई की तारीख/Date of hearing 15.01.2025 उद्घोषणा की तारीख/Date of pronouncement 15.01.2025 Order under section 254(1) of Income Tax Act PER BENCH:
This group of four appeals by individual assessee are directed against the separate orders of National Faceless Appeal Centre, Delhi [for short to as “NFAC/Ld.CIT(A)”] dated 04.04.2024 for assessment years (AYs) 2013-14 and dated 06.05.2024 for assessment year 2012-2013. All these appeals came up hearing today (15th January 2025), the learned Counsel for the assessee submits that the assessee has applied for seeking the benefits of Vivad se Visvas Scheme -2024 (VSV-24) and his application has been accepted. The assessee has also paid tax as per the order of designated authority. The ITA Nos.641-642, 721-722/SRT/2024 (A.Ys.13-14 & 12-13) Chetankumar C Maisuria learned counsel for the assessee further submits that he may be allowed to withdraw four appeals.
On the other hand, ld. Sr-DR for the Revenue submits that he has no objection, if all the appeals of the assessee are 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 VSV-24 and have paid the tax liability as determined by designated authority. Hence, all the appeals of the assessee are dismissed as “withdrawn” with liberty to the assessee as well as to the revenue that in case, if the applications preferred by the assessee under VSV-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 these appeals or any further direction and in such event, the appeals shall get restored. The Assessing Officer is directed to pass the consequential order.
In the result, all the appeals of the assessee are dismissed as withdrawn. Registry is directed to place one copy of this order in all appeals folder / case file(s). Order announced on 15/012025 in the Virtual Court hearing. (BIJAYANANDA PRUSETH) (PAWAN SINGH) लेखा सद"/Accountant Member "ाियक सद"/Judicial Member सूरत / Surat Dated: 15/01/2025 Dkp Outsourcing Sr. P.S*
ITA Nos.641-642, 721-722/SRT/2024 (A.Ys.13-14 & 12-13) Chetankumar C Maisuria
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
3