M/S GUJARAT ENTERPRISES,MUMBAI SUBURBAN vs. INCOME TAX OFFICER-32(1)(5), MUMBAI

PER RAJ KUMAR CHAUHAN (J.M.): 1. This appeal is filed by the appellant/assessee against the order of Learned Commissioner of Income Tax (Appeals), Pune - 11 [hereinafter M/s. Gujarat Enterprises referred to as the “CIT(A)”], passed under section 250 of the Income Tax Act, 1961 [hereinafter referred to as “the Act”] dated 27.09.2023. 2. At the outset, it is noticed that assessee has filed a letter dated 18.12.2024 stating therein that assessee has already opted for settlement of dispute for the year under Vivad Se Vishwas Scheme (VVS Scheme) announced in the 2024 Budget by the Hon’ble Finance Minister and assessee has filed the requisite Form 1 DTVSV (Vivad Se Vishwas Scheme) and awaiting for further proceeding, therefore enclosed acknowledgement of Form 1 DTVSV, 2024. 3. The same was not objected by Ld. DR and submitted that the case may be dismissed as the assessee has already opted the Vivad Se Vishwas Scheme and has filed Form 1 DTVSV, 2024. Ld. DR further submitted that even though the assessee has moved an application for adjournment, but has agreed to disposal of the appeal under Vivad Se Vishwas Scheme, therefore appeal of the assessee be dismissed. 4. We have heard the rival submissions and examined the record. We find that assessee has already opted for settlement of dispute for the year under Vivad Se Vishwas Scheme (VVS Scheme) and has filed the M/s. Gujarat Enterprises requisite Form 1 DTVSV, 2024 (Vivad Se Vishwas Scheme) which are enclosed as Annexure-1. Therefore in view of foregoing, the appeal of the assessee stands dismissed as withdrawn with a liberty to the assessee to get the appeal restored in case the declaration filed under the scheme is not accepted, for whatever reasons. 5. In the result, appeal filed by the assessee is dismissed as withdrawn in above terms. Order pronounced in the open court on 01.01.2025. (AMARJIT SINGH) (RAJ KUMAR CHAUHAN) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Mumbai / Dated 01.01.2025 Dhananjay, Sr.PS

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(Asstt.