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Facts
The assessee filed an appeal against an NFAC/CIT(A) order for AY 2010-11. The assessee subsequently opted to settle the tax dispute under the 'Direct Tax Vivad Se Vishwas Scheme (DTVSV) 2024' and filed an application for withdrawal of the appeal.
Held
The Tribunal, noting the assessee's decision to resolve the matter via the DTVSV Scheme and the withdrawal application, dismissed the appeal as withdrawn. The assessee was granted liberty to apply u/Section 254(2) of the Act to recall the order if required.
Key Issues
The key issue was whether to dismiss the appeal as withdrawn following the assessee's decision to settle the tax dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
143(3), 147, 250, 254(2), Direct Tax Vivad Se Vishwas Scheme 2024
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Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI
Before: SHRI PAVAN KUMAR GADALE& SHRI GD PADMAHSHALI
The assesse has filed an appeal against the order of National Faceless Appeal Centre (NFAC)/CIT(A) passed u/sec.143(3) r.w.s147 and u/sec 250 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 13-01-2025. 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 Accordingly, we dismiss the appeal of the assesse as withdrawn and the assesse is given liberty to move an application u/sec 254(2) of the Act to ITA 154/PAN/2024 Shobana Yeshwant Laad. 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 03.02.2025.
Sd/- Sd/- (GD PADMAHSHALI) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL MEMBER Panaji, Dated 03/02/2025
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 154/PAN/2024 Shobana Yeshwant Laad.
Initial Date 1. Draft dictated on PS 2. Draft placed before author PS
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