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Facts
The assessee, Shri Jignesh Rameshbhai Viramgami, had filed an appeal against the Income Tax Officer for Assessment Year 2016-17. During the hearing, the assessee's counsel informed the Tribunal that the assessee had opted for the benefit of the "Direct Tax Vivad Se Vishwas Act, 2024" and had duly filed and received Form No. 2 under the scheme.
Held
Given the assessee's request to withdraw the appeal due to participation in the Vivad Se Vishwas scheme and the Departmental Representative's lack of objection, the Tribunal decided to dismiss the appeal as withdrawn. The Assessing Officer was directed to pass consequential orders in light of this decision.
Key Issues
Whether the appeal filed by the assessee should be dismissed as withdrawn, considering the assessee's election to avail the benefits under the "Direct Tax Vivad Se Vishwas Act, 2024".
Sections Cited
Direct Tax Vivad Se Vishwas Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: DR. ARJUN LAL SAINI & SHRI DINESH MOHAN SINHA
PER DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER:
At the outset itself, Shri Maulik Kansara, Learned Counsel for the assessee submitted before the Bench that assessee has opted for the benefit of the “Direct Tax Vivad Se Vishwas Act, 2024" and filed form no.2 on 02.12.2024. It is submitted that the assessee has received form no.2 thereof. We have received copy of Form No.2 issued by the Ld. Pr.CIT, Designated Authority which is filed and placed on record. In view of this, the ld.counsel submitted that assessee has prayed for withdrawal of the appeal to which, the learned Departmental Representative (in short “the Ld. DR") did not raise any objection.
We have heard both the parties and gone through the above letter filed by the assessee and noted that assessee has prayed for withdrawal of the appeal. The Ld. DR for the Revenue did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn. The Assessing Officer is directed to pass the consequential order.
In the result, the appeal of the assessee (in ITA No. 208/RJT/2023 for AY.2016-17) is dismissed as withdrawn. Order is pronounced in the open court on 27/03/2025. (DINESH MOHAN SINHA) JUDICIAL MEMBER (DR.ARJUNLAL SAINI) ACCOUNTANT MEMBER राजकोट /Rajkot () दिनांक/ Date: 27/03/2025 आदेश की प्रतिलिपि अग्रेषित/ Copy of the order forwarded to : • अपीलार्थी/ The Appellant • प्रत्यर्थी/ The Respondent • आयकर आयुक्त / CIT • आयकर आयुक्त (अपील)/ The CIT(A) • विभागीय प्रतिनिधि, आयकर अपीलीय आधिकरण, राजकोट/ DR, ITAT, RAJKOT • गार्डफाईल / Guard File By order/आदेशसे,