CHOWGULE INDUSTRIES PRIVATE LIMITED,VASCO vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, PANAJI

Q: Which sections of the Income-tax Act were involved?

Section 253(1), Section 250, Section 143(3)

ITA 124/PAN/2024Status: DisposedITAT Panaji01 April 2025AY 2020-21Bench: HON’BLE SHRI PAVAN KUMAR GADALE (Judicial Member), SHRI G. D. PADMAHSHALI (Accountant Member)2 pages

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the assessee's settlement of the dispute under the Vivad se Vishwas Scheme and the subsequent application for withdrawal, unopposed by the Revenue. Accordingly, the Tribunal dismissed the appeal as withdrawn. The dismissal was granted with leave to revive the appeal if necessary, in accordance with law.

What were the facts?

The assessee challenged an assessment order for AY 2020-21, which was upheld by the National Faceless Appeal Centre. During the appeal proceedings, the assessee opted for the 'Direct Tax Vivad se Vishwas Scheme, 2024' (VSVA) and settled the tax liability. Consequently, the assessee requested to withdraw the appeal, a request to which the Revenue had no objection.

What were the issues?

Whether the appeal should be dismissed as withdrawn given the assessee's settlement of the tax dispute under the Vivad se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 253(1),Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI

Before: HON’BLE SHRI PAVAN KUMAR GADALE & SHRI G. D. PADMAHSHALI

For Appellant: Mr Kishor Bandekar [‘Ld. AR’]

For Respondent: Mr Vimlraj Periyagounden [‘Ld. DR’]

Pronounced: 01/04/2025

V/s Asstt. Unit Income Tax Department, Delhi. . . . . . . . Respondent Appearances Assessee by : Mr Kishor Bandekar [‘Ld. AR’] Revenue by : Mr Vimlraj Periyagounden [‘Ld. DR’] Date of conclusive Hearing : 24/03/2025 Date of Pronouncement : 01/04/2025 ORDER PER G. D. PADMAHSHALI, AM; The present appeal of the assessee is instituted u/s 253(1) of the Income Tax Act, 1961 [‘the Act’ in short] challenging the DIN & Order No ITBA/NFAC/S/250/2023-24/1055633688(1) dt. 31/08/2023 passed by the National Faceless Appeal Centre, Delhi, [‘Ld. NFAC’ in short] u/s 250 of the Act which in turn upheld the order of assessment dt. 19/09/2022 passed u/s 143(3) of the Act by the National Faceless e-Asstt. Centre, Delhi [‘Ld. AO’ in short] anent to assessment year 2020-21 [‘AY’ in short]

At the physical hearing, the Ld. AR appearing on behalf of appellant adverting to paper book submitted that, vide Form-1 Ack No ITAT-Panaji Page 1 of 2 854334270310125 dt. 31/01/2025 the appellant assessee opted for ‘Direct Tax Vivad se Vishwas Scheme, 2024’ [‘VSVA’ in short] to settled the present dispute. And in response thereof the respondent Revenue issued a Form-2 vide Ack No 868776951130225 on 13/02/2025 determining thereby the tax liability to be discharged by the assessee. In discharge thereof, the appellant has paid the determined liability vide challan dt 25/02/2025. The present dispute since settled under VSVA-Scheme, therefore the appellant vide written application dt. 27/02/2025 is seeking the withdrawal of present appeal. The Revenue expressed its no objection to the withdrawal request.

In view of aforestated admitted facts, we dismiss the present appeal of the assessee as withdrawn with a grant of leave to revive the same in accordance with law, if necessitates.

In result, the appeal of the Assessee is DISMISSED as withdrawn. In terms of rule 34 of ITAT Rules, 1963 the order is pronounced in the open court on date mentioned herein before.

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