SMT. JAYASHREEBEN MADHUKANT BHATT,RAFALESHWER, MORBI-363642 vs. THE ADDL./JOINT/DCIT/ACIT OF INCOME TAX, MORBI
Facts
The assessee opted for the benefit of the "Direct Tax Vivad Se Vishwas Act, 2024", and the matter was settled. An order in Form No. 4 from the Pr.CIT-1, Rajkot, confirming the full and final settlement of tax arrears was placed before the Bench.
Held
The assessee's counsel submitted a letter praying for the withdrawal of the appeal, to which the Revenue's representative had no objection. The Tribunal noted that the assessee had prayed for withdrawal of the appeal under the 'Vivad Se Vishwas Scheme'.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the 'Direct Tax Vivad Se Vishwas Act, 2024' settlement scheme.
Sections Cited
Section 92 of Finance (No.2) Act, 2024, Section 93 of Finance (No.2) 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
आयकर अपील�य अ�धकरण, राजकोट �यायपीठ, राजकोट। IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN SINHA, JUDICIAL MEMBER आयकर अपील सं/.ITA No.204/RJT/2024 �नधा�रणवष�/ Assessment Year: 2017-18 Smt.Jayshreeben M. Bhatt The ITO, Ward-2 बनाम Milanpark Co-op. Society Morbi. Rafaleshwar Vs. Morbi 363 642 PAN : ACGPB 7599 B (अपीलाथ�/Appellant) : (��यथ�/Respondent) �नधा�रती क� ओर से/Assessee by : Shri Raju Manek, Ld.AR राज�व क� ओर से/Revenue by : Shri Abhimanyu Singh Yadav, Sr-DR
सुनवाई क� तार�ख /Date of Hearing : 22/01/2025 घोषणा क� तार�ख /Date of Pronouncement : 23/01/2025 ORDER PER DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER: At the outset itself, Shri Raju Manek, 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 the matter has been settled. A copy of the order in Form No. 4 issued by the Pr.CIT-1, Rajkot under ‘the Direct Tax Vivad Se Vishwas Act” being the order for full and final settlement of tax arrear, dated 9.1.2025 is also placed before the Bench. Shri Raju M. Manek, on behalf of the assessee, by way of a letter dated 21.1.2025, submitted that assessee has prayed for withdrawal of the appeal to which, the
Smt.Jayashreeben Madhukant Bhatt ITA No.204 /RJT/2024 (AY : 2017-18) 2 learned Departmental Representative (in short “the Ld. DR”) did not raise any objection.
We have heard both the parties and gone through the order in Form No.4 issued by the Pr.CIT-1, Rajkot for full and final settlement of tax arrears under sub-section (2) of section 92 read with section 93 of Finance (No.2) Act, 2024 under the ‘Vivad Se Vishwas Scheme’ 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 as per CBDT Circular No.03/2021 dated 04.03.2021.
In the result, the appeal of the assessee (in ITA No. 204/RJT/2024 for AY.2017-18) is dismissed as withdrawn. Order is pronounced in the open court on 23/01/2025 Sd/- Sd/- (DINESH MOHAN SINHA) (DR.ARJUNLAL SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER राजकोट /Rajkot िदनांक/ Date: 23/01/2025 *vk आदेश क� �ितिलिप अ�ेिषत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant ��यथ�/ The Respondent आयकर आयु�/ CIT आयकर आयु�(अपील)/ The CIT(A) िवभागीय �ितिनिध, आयकर अपीलीय आिधकरण, राजकोट/ DR, ITAT, RAJKOT गाड�फाईल/ Guard File By order/आदेशसे , Assistant Registrar/Sr. PS/PS ITAT, Rajkot
