SHREE LAXMI ROADLINES,BELGAUM vs. PR.COMMISSIONER OF INCOME TAX , HUBLI

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ITA 93/PAN/2024Status: DisposedITAT Panaji06 February 2025AY 2017-18Bench: SHRI PAVAN KUMAR GADALE (Judicial Member), SHRI GD PADMAHSHALI (Accountant Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Income Tax Appellate Tribunal observed that since the assessee had opted for the DTVSV 2024 and sought to withdraw the appeal, no purpose would be served by keeping the appeal pending. Consequently, the tribunal dismissed the appeal as withdrawn, while granting the assessee liberty to move an application under Section 254(2) of the Act to recall the order in accordance with law.

What were the facts?

The assessee filed an appeal against an order passed by the Pr.CIT under Section 263 of the Income Tax Act, 1961. During the hearing, the assessee informed the tribunal of its intention to settle the tax dispute under the ‘Direct Tax Vivad Se Vishwas Scheme (DTVSV) 2024’ and subsequently filed an application for withdrawal of the appeal.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee opts for the 'Direct Tax Vivad Se Vishwas Scheme' and files an application for withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 263,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI

Before: SHRI PAVAN KUMAR GADALE& SHRI GD PADMAHSHALIShri Laxmi Road Lines,

Hearing: 05/02/2025Pronounced: 06/02/2025

The assesse has filed an appeal against the order of Pr.CIT passed u/sec 263 of the Income Tax Act, 1961.

2.

At the time hearing, the assessee mentioned by letter 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. 2 under DTVSV Rules. Per Contra, the Ld. DR has no objections.

3.

We heard the Ld.DR 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 for withdrawal of appeal by letter 3-02-2025. 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 Accordingly, we dismiss the appeal of the assesse as withdrawn and the assesse is given ITA 93/PAN/2024 Shri Laxmi Road Lines. liberty to move an application u/sec 254(2) of the Act to recall the present order in accordance with the provisions of law.

4.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 06.02.2025.

Sd/- Sd/- (GD PADMAHSHALI) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL MEMBER Panaji, Dated 06/02/2025

आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��थ� / The Respondent. 2. संबंिधत आयकर आयु� / The CIT(A) 3. आयकर आयु�(अपील) / Concerned CIT 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Mumbai 5. गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, स�ािपत �ित //True Copy/ 1. उप/सहायक पंजीकार ( Asst. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Mumba ITA 93/PAN/2024 Shri Laxmi Road Lines.

Initial Date 1. Draft dictated on PS 2. Draft placed before author PS

1.

3. Draft proposed & placed 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 Date on which file goes to the 8. AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order. 11. Dictation Pad is enclosed 2. Other Member… on he

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