RAKESH KUMAR, BHILAI,DURG vs. INCOME TAX OFFICER, WARD-2(1), BHILAI, DURG

PDF · subscribers
ITA 495/RPR/2024Status: DisposedITAT Raipur16 January 2025AY 2014-15Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)4 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, noting that the assessee had initiated the process to settle the litigation under the Vivad Se Vishwas Scheme. The assessee can seek restoration if a final settlement order is not passed.

What were the facts?

The assessee filed an appeal against an order passed under Section 271(1)(b) of the Income-tax Act. The assessee subsequently opted for the Vivad Se Vishwas Scheme, 2024 to settle the dispute.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI RAVISH SOOD & SHRI ARUN KHODPIA

For Respondent: Smt. Anubhaa Tah Goel, Sr. DR
Hearing: 15.01.2025Pronounced: 16.01.2025

आदेश / ORDER

PER ARUN KHODPIA, AM:

1.

The present appeal filed by the assessee is directed against the order passed by the Commissioner of Income-Tax (Appeals), National Faceless Appeal Center (NFAC), Delhi, dated 20.09.2024, which in turn arises from the order passed by the A.O under Sec.271(1)(b) of the Income- tax Act, 1961 (in short ‘the Act’) dated 30.08.2022 for the assessment year 2014-15.

2.

The assessee by filing a letter dated 13.01.2025, had submitted that he has opted for Vivad Se Vishwas Scheme, 2024 (VSVS 2024) in order to settle the dispute involved in the captioned appeal. The assessee in support of his aforesaid claim has placed on record “Form-1” filed by him as per Rule 4 of the Direct Tax Vivad Se Viswas 2024 (DTVSV 2024) for the captioned appeal. Although, an application seeking adjournment has been filed by the assessee appellant before us for the reason that “Form 2” is yet to be issued under the aforesaid scheme, but we are not inclined to allow the same. Rather, we find it appropriate to dismiss the appeal of the assessee, treating the same as withdrawn, having initiated the process to settle the litigation under VSVS-2024, thus, need not be kept pending for adjudication on merits.

3.

Per contra, Ld. Sr. Departmental Representatives (for short ‘DR’) did not raise any objection to the seeking of the withdrawal of the captioned appeal by the assesse appellant.

4.

Considering the aforesaid factual position, we dismiss the appeal as withdrawn. Before parting, we may herein observe that in case the order for full and final settlement of tax arrears in “Form 4” is not passed by the designated authority, then the assessee will remain at a liberty to seek restoration of the subject appeal.

5.

Resultantly, the appeal filed by the assessee is dismissed as withdrawn in terms of the aforesaid observations.

Order pronounced in open court on 16th day of January, 2025.

More judgments on Section 271(1)(b)

All 2,912 judgments and leading authorities on Section 271(1)(b) →

Recent GST High Court judgments

Search GST case law →