SHREE LAXMI ROADLINES,BELGAUM vs. PR.COMMISSIONER OF INCOME TAX , HUBLI
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.
Held
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 Consequently, the tribunal dismissed the appeal as withdrawn, while granting the assessee liberty to move an application under Section 254(2) of the Act to recall the order in accordance with law.
Key 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Whether an appeal should be dismissed as withdrawn when the assessee opts for the 'Direct Tax Vivad Se Vishwas Scheme' and files an application for withdrawal of the appeal.
Sections Cited
263, 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,
PER PAVAN KUMAR GADALE - JM:
The assesse has filed an appeal against the order of Pr.CIT passed u/sec 263 of the Income Tax Act, 1961.
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.
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 Accordingly, we dismiss the appeal of the assesse as withdrawn and the assesse is given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.
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
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
