What did the Tribunal hold?

The Tribunal considered the assessee's submission regarding the Vivad Se Vishwas Scheme and the need to withdraw the appeal as per the scheme's requirements.

The appeal was filed with a delay of 29 days, which was later condoned. The assessee had opted for the Vivad Se Vishwas Scheme 2024 and requested an adjournment for the VSVS process to be completed.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Jai Wardhan, Delhi vs ITO | ITAT Patna 2025

Income Tax Appellate Tribunal, “SMC” BENCH PATNA

Appearances by: Assessee represented by : Manoj Kumar, CA Department represented by : Ashwani Kr. Singal, JCIT Date of concluding the hearing : 25.02.2025 Date of pronouncing the order : 25.02.2025

ORDER PER BENCH

In this case, there is a delay of 29 days in the filing of this appeal. On the last date of hearing, the Ld. AR requested that the impugned order was received on the October 2024 and the assessee filed the appeal within 30 days of such receipt. Thus, it was prayed that there was no delay on the part of the assessee in filing the said appeal.

1.1 We have considered these averments and gone through the records. We find merit in the Ld. AR’s contention and accordingly condone the delay.

Jai Wardhan 2. The present appeal arises from the order of the Ld. Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the “Ld. CIT(A)”], dated 08.08.2024 for AY 2017- 18.

2.1 At the time of hearing, it was pointed out that the assessee has already opted for Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) by filing Forms No.1 with the competent authority. The assessee has, therefore prayed before the Bench that the case may be adjourned till the VSVS process is complete. It is seen that as per the VSVS the assessee has to withdraw his appeal as per the scheme.

Accordingly, we are dismissing this appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS- 2024, for any reason, whatsoever.

In the result, the appeal of the assessee is dismissed, as withdrawn.

Order pronounced in the court on 25.02.2025

JAI WARDHAN,DELHI vs. ITO, BIHAR

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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