What did the Tribunal hold?

The Tribunal dismissed the appeal of the assessee. However, the assessee was granted liberty to revive the appeal if the settlement under the Vivad Se Vishwas Scheme was not successful.

The assessee had filed a declaration under the Direct Tax Vivad Se Vishwas Scheme, 2024. The assessee requested an adjournment of the appeal pending the final settlement order.

What were the issues?

The primary issue was whether the appeal should be adjourned or dismissed in light of the assessee's participation in the Vivad Se Vishwas Scheme.

Daya Shankar Singh, Bettiah vs ITO | ITAT Patna 2025

Income Tax Appellate Tribunal, KOLKATA-PATNA ‘e-COURT’, KOLKATA

Before: Shri Duvvuru RL Reddy, Vice-(KZ)

Assessment Year: 2017-2018 Daya Shankar Singh,…………….....…………Appellant M/s. Sunshine Batteries, Sagar, Pokhra, Bettiah-845438, Bihar Bihar-845438 [PAN:DDPPS6999D] -Vs.- Income Tax Officer,…..………………………...Respondent Ward-1(5), Bettiah, Near Railway Station, Bettiah-845438, Bihar Appearances by: Shri Sanjeev Kr. Anwar, Advocate, appeared on behalf of the assessee Shri Ashwani Kr. Singal, JCIT, appeared on behalf of the Revenue Date of concluding the hearing: January 06, 2025 Date of pronouncing the order: January 06, 2025 O R D E R

The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 25th October, 2024 passed for Assessment Year 2017-18.

(A.Y. 2017-2018) Daya Shankar Singh 2. At the time of hearing, it was pointed out by the ld. Counsel for the assessee that the assessee has already gone into Direct Tax Vivad Se Vishwas Scheme, 2024 (‘DTVSVS 2024’ Scheme) by filing Declaration in Form No. 1, with the Competent Authority and therefore, prayed before the Bench that the assessee may be allowed to adjourn the appeal till the final order of settlement in Form 4 is issued.

On the other hand, ld. Departmental Representative argued that the matter be dismissed by upholding the order of ld. CIT(Appeals).

I have heard the rival submissions and perused the material available on record. By considering the totality of the facts and circumstances of the case, I dismiss the appeal of the assessee with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for any reason, whatsoever.

In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 06/01/2025.

DAYA SHANKAR SINGH,BETTIAH vs. ITO, WD-1(5), BETTIAH, BETTIAH

What did the Tribunal hold?

What were the facts?

What were the issues?

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