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Facts
The assessee, Murgaon Education Society Employees Co-op. Society Ltd., filed an appeal challenging an order under Section 143(1) and a subsequent order from the CIT(A) under Section 250. During the proceedings, the assessee opted for the 'Direct Tax Vivad se Vishwas Scheme, 2024' (VSVA) and subsequently sought to withdraw the present appeal.
Held
The Tribunal dismissed the appeal as withdrawn, noting that the Revenue had no objection to the withdrawal. It granted the assessee leave to revive the appeal in accordance with the law if the dispute remains unsettled under the opted VSVA scheme for any reason.
Key Issues
Whether an appeal should be dismissed as withdrawn when the assessee opts for the Vivad se Vishwas Scheme, and if so, under what conditions it can be revived.
Sections Cited
143(1), 250, 253(1)
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Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI
Before: HON’BLE SHRI PAVAN KUMAR GADALE & SHRI G. D. PADMAHSHALI
Appearances Assessee by : None for the assessee Revenue by : Mr Narendra Reddy [‘Ld. DR’] Date of conclusive Hearing : 03/02/2025 Date of Pronouncement : 03/02/2025 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’ hereinafter] challenging the DIN & Order No ITBA/APL/S/250/2023-24/1061628826(1) dt. 28/02/2024 passed by Addl./Jt. Commissioner of Income Tax Appeals, Aurangabad [‘Ld. CIT(A)’ hereinafter] u/s 250 of the Act which in turn arisen out of order dt. 08/03/2023 passed u/s 143(1) of the Act anent to assessment year 2022-23 [‘AY’ hereinafter] ITAT-Panaji Page 1 of 2
Murgaon Education Society Employees Co-op. Society Ltd., Vs DCIT AY 2022-23
The case was called twice; none appeared at the behest of appellant assessee, after a mindful consideration of withdrawal application dt. 15/01/2025 we deem it fit to proceed in the absence of appellant ex-parte u/r 24 of ITAT-Rules, 1963.
Records revealed that the appellant assessee vide Form-1 Ack No 770162680241224 dt. 24/12/2024 has opted for ‘Direct Tax Vivad se Vishwas Scheme, 2024’ [‘VSVA’ hereinafter] to settled the present dispute. Pursuant to Form-2 Ack No 809477431080125 dt. 08/01/2025 issued by the Revenue, the assessee filed an application seeking withdrawal of present appeal. The Revenue placed no objection to the said withdrawal. In view thereof, we dismiss the present appeal as withdrawn with a grant of leave to revive the same in accordance with law if the present dispute remains unsettled under the opted VSVA scheme for any reason.
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.