M/S MODAGE HOUSING DEVELOPMENT,MOHALI vs. INCOME TAX OFFICER, MOHALI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeal as withdrawn, allowing the assessee to avail the benefits of the Direct Tax Vivad Se Vishwas Scheme. Liberty was granted to revive the appeal if the scheme benefit is unsuccessful.
What were the facts?
The assessee's appeal was filed against an assessment order for AY 2008-09. The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 and filed the necessary form.
What were the issues?
Whether the assessee can withdraw the appeal to avail the Direct Tax Vivad Se Vishwas Scheme benefits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CHANDIGARH
Before: SHRI MAHAVIR SINGH & SHRI KRINWANT SAHAY,
"नधा"रती क" ओर से/Assessee by : Shri Salil Chadda, Advocate राज"व क" ओर से/ Revenue by : Dr. Ranjit Kaur, Addl. CIT Sr. DR, Sr.DR तार"ख/Date of Hearing : 01.01.2025 उदघोषणा क" तार"ख/Date of Pronouncement : 02.01.2025 आदेश/ORDER
PER KRINWANT SAHAY, AM
This appeal by assessee is arising out of the order of ld. Commissioner of Income Tax (Appeals -2, Chandigarh in appeal No. 255/2014-15 order dated 08.03.2017. The 2 858-c-17- Modage Housing Development, Mohali assessment was framed by ITO, Ward 6(2), Mohali for the relevant A.Y. 2008-09 u/s 143(3) read with section 147 of the Income Tax Act, 1961 (herein after referred to as ‘the Act') vide his order dated 31.3.2014. 3. At the outset, ld. Counsel for the Assessee stated that he is opting for Direct Tax Vivad Se Vishwas Scheme, 2024 and for this he has enclosed Form No. 1 filed on 12.12.2024. Subsequently, this Form 1 was revised on 28.12.2024. He requested that he wanted to withdraw to avail the benefit of Direct Tax Vivad Se Vishwas Scheme, 2024. 4. When this was confronted to ld. Sr.DR, she has not objected for withdrawal. Since the Assessee want to avail the benefit of Direct Tax Vived Se Visvas Scheme, 2024 and Assessee has already filed From No. I, hence, we dismiss this appeal as ‘withdrawn’ as Assessee is availing Direct Tax Vivad Se Visvas Scheme, 2024. However, we give liberty to the Assessee in case the Assessee is unsuccessful in getting the benefit under Direct Tax Vivad Se Visvas Scheme, 2024 3 858-c-17- Modage Housing Development, Mohali for any reason, the Assessee can get this appeal revived by filing application before the Bench.
In terms of the above, the appeal of the Assessee is dismissed.
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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