BRUNO CAETANO CONCEICAO GOMINDES,MARGAO vs. ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, PANAJI
Facts
The assessee filed an appeal against an assessment order for AY 2018-19, which was upheld by the National Faceless Appeal Centre. Subsequently, the assessee opted for the 'Direct Tax Vivad se Vishwas Scheme, 2024' to settle the dispute. The assessee paid the determined tax liability and sought to withdraw the appeal.
Held
The Income Tax Appellate Tribunal dismissed the appeal as withdrawn, recognizing that the assessee had settled the dispute under the Vivad se Vishwas Scheme. The tribunal granted the assessee leave to revive the appeal if future circumstances necessitated it.
Key Issues
Whether the appeal challenging the assessment order should be dismissed as withdrawn after the assessee opted for and settled the dispute under the Direct Tax Vivad se Vishwas Scheme.
Sections Cited
253(1), 250, 143(3)
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Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI
Before: HON’BLE SHRI PAVAN KUMAR GADALE & SHRI G. D. PADMAHSHALI
IN THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI BEFORE HON’BLE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER AND SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER ITA Nos. 316/PAN/2024 Assessment Year : 2018-19 Bruno Caetano Conceicao Gomindes 887, Bruno AC Pacheco Road, Borda, Margao Salcete, Goa. PAN:ADPPG1730M. . . . . . . . Appellant
V/s Asstt. Commissioner of Income Tax, Circle-1(1), Panaji, Goa. . . . . . . . Respondent Appearances Assessee by : Ms Eesha Dukle [‘Ld. AR’] Revenue by : Mr S Manikandan [‘Ld. DR’] Date of conclusive Hearing : 04/03/2025 Date of Pronouncement : 05/03/2025 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/250/2024-25/1069269900(1) dt. 30/09/2024 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. 24/09/2021 passed u/s 143(3) of the Act by the National Faceless e-Asstt. Centre, Delhi [‘Ld. AO’ in short] anent to assessment year 2018-19 [‘AY’ in short]
At the physical hearing, the Ld. AR Dukle appearing on behalf of appellant adverting to paper book submitted that, vide Form-1 Ack No ITAT-Panaji Page 1 of 2
Bruno Caetano Conceicao Gomindes Vs ACIT ITA Nos.316/PAN/2024 AY 2018-19
835797630220125 dt. 22/01/2025 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 845972851280125 on 28/01/2025 determining thereby the tax liability to be discharged by the assessee. In discharge thereof, the appellant has paid the determined liability and challans are placed in paper book. The present dispute since settled under VSVA-Scheme, therefore the appellant vide written application dt. 29/01/2025 is seeking the withdrawal of present appeal. The Revenue could hardly object the 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.
-S/d- -S/d- PAVAN KUMAR GADALE G. D. PADMAHSHALI JUDICIAL MEMBER ACCOUNTANT MEMBER Panaji/Dt: 05th March, 2025. Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The CIT(A)/NFAC Concerned 4. PCIT Concerned 5. DR, ITAT, Panaji Bench, Panaji 6. Guard File
By Order, Sr. Private Secretary / AR ITAT, Panaji. ITAT-Panaji Page 2 of 2
