Loading judgment…
Facts
The assessee filed an appeal against an order of the CIT(A)-1. During the hearing, the assessee's Ld. AR informed the Tribunal that the assessee intended to settle the tax dispute by opting for the 'Direct Tax Vivad Se Vishwas Scheme (DTVSV) 2024' and had filed Form no. 1 for the same, to which the Ld. DR had no objections.
Held
The Tribunal acknowledged the assessee's election to participate in the DTVSV 2024 scheme and the subsequent withdrawal of the appeal. Accordingly, the appeal was dismissed as withdrawn, with the assessee granted the liberty to file an application under Section 254(2) of the Act to recall the order if necessary.
Key Issues
The key issue was whether to proceed with an appeal before the Income Tax Appellate Tribunal when the assessee has opted to settle the tax dispute under the Direct Tax Vivad Se Vishwas Scheme and subsequently moved to withdraw the appeal.
Sections Cited
143(3), 250, 254(2), 260A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI
आदेश / O R D E R
PER PAVAN KUMAR GADALE - JM:
The assesse has filed an appeal against the order of CIT(A)-1 Panaji passed u/sec 143(3)r.w.260A and u/sec 250 of the Income Tax Act, 1961.
At the time hearing, the Ld. AR of the assessee submitted that the assessee is intended to settle the tax litigation by opting for ‘ Direct Tax Vivad Se Vishwas Scheme(DTVSV) 2024’ and has filed Form no. 1 under DTVSV Rules. Per Contra, the Ld. DR has no objections.
We heard the rival submissions and perused the material on record. Since the assessee has opted for ‘Direct Tax Vivad Se Vishwas Scheme(DTVSV) 2024’ and has filed an application as envisaged by the Ld.AR vide withdrawal of appeal letter 19-02-2025. Hence we are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assesse as withdrawn and the assesse is given liberty to move an application u/sec 254(2) of the Act to recall the present order in accordance with the provisions of law.
In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on 20.02.2025 Sd/- Sd/- (PAVAN KUMAR GADALE ) (GD PADMAHSHALI) ACCOUNTANT MEMBER JUDICIAL MEMBER Panaji, Dated 20/02/2025
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. 2. ��यथ� / The Respondent. संबं�धत आयकर आयु�त / The CIT(A) 3. आयकर आयु�त(अपील) / Concerned CIT 4. 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy/ 1. उप/सहायक पंजीकार ( Asst. Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Panaji
Initial Date 1. Draft dictated on PS 2. Draft placed before author PS Draft proposed & placed 3. PS before the second member 4. Draft discussed/approved by PS Second Member. 5. Approved Draft comes to the PS Sr.PS/PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order. 11. Dictation Pad is enclosed