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Facts
The appellant filed an appeal against an assessment order for AY 2014-15. Subsequently, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, by filing Form 1 and an undertaking to settle the tax disputes, and submitted evidence of this to the Tribunal.
Held
Following the precedent set by the Madras High Court in a similar situation, the Tribunal dismissed the appeal as the assessee had availed the Vivad Se Vishwas Scheme. The Tribunal granted liberty to the assessee to seek restoration of the appeal if the declaration filed under the scheme is not accepted by the Revenue.
Key Issues
Whether an appeal before the Income Tax Appellate Tribunal should be dismissed when the assessee has opted to settle the tax dispute under the Direct Tax Vivad Se Vishwas Scheme.
Sections Cited
143(3) of the Income-tax Act, 1961, 91(1) of the Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024, 91(4) of the Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024, 4 of the Direct Tax Vivad Se Vishwas Act, 2020
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Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI M. BALAGANESH
O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in AY 2014-15, arises out of the order of the ld. Commissioner of Income Tax (Appeals), New Delhi [hereinafter referred to as „ld. CIT(A)‟, in short] in Appeal No. 308/2016-17dated 27.09.2017 against the order of assessment passed u/s 143(3) of the Income- tax Act, 1961 (hereinafter referred to as „the Act‟) dated 14.12.2016 by the Assessing Officer, ITO, Ward-68(1), New Delhi (hereinafter referred to as „ld. AO‟).
The assessee filed a letter dated 18.11.2024 before us stating that he has availed the Vivad Se Vishwas Scheme, 2024 introduced by the Statute to settle the tax disputes prevailing in this year by filing Form 1 u/s 91(1) and an undertaking u/s 91(4) of the Direct Tax Vivad Se Vishwas Scheme (DTVSV) 2024.
The assessee had also enclosed the evidence in that regard before us. Since, the assessee had already filed an application under Direct Tax “Vivad Se Viswas Scheme Act 2024”, there is no need to keep appeal pending before us in view of the decision of Hon'ble Madras High Court in the case of Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020 dated 16.10.2020, wherein the Hon‟ble High Court after considering the intention of the assessee to avail the benefit of „Vivad se Vishwas Scheme-2020‟ (VSV scheme), had dismissed the appeal by observing in Para 7 to 9 as under:-
“7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders.
In the light of the above, we direct the appellant/ assessee to file the Form No.I on or before 20.11.2020 and the competent authority shall process the application/ declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of 6 (6) weeks from the date on which the declaration is filed in the proper form.
With this declaration, the Tax Case appeal stands disposed of with the aforementioned liberty and Consequently the Substantial Question of Law are left upon. No costs.”
In the light of the view taken by Hon‟ble Madras High Court cited (supra), we also give liberty to the assessee to get the appeal restored in the event that the assessee does not succeed on the declaration filed by the assessee under Direct Tax “Vivad Se Viswas Scheme-2024”. In other words, if the assessee‟s declaration filed is not accepted by the Revenue for any reason whatsoever, the assessee can make a prayer before the Bench for recalling of the order by filing a miscellaneous application for restoration of appeal. The Registry will place such petition before the Bench concerned.
In view of the aforesaid observations, we dismiss appeal with liberty to get them recalled in the eventuality of assessee‟s declaration not getting accepted by the Revenue.
In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 18/11/2024.
-Sd/- -Sd/- (SATBEER SINGH GODARA) (M BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER