MR. SUMIT SETHIA,VERNA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(1), PANAJI
Facts
The appellant, Sumit Sethia, filed an appeal against an assessment order for AY 2018-19. Subsequently, the assessee opted for the Direct Tax Vivad se Vishwas Scheme, 2024 (VSVA), and filed an application to withdraw the appeal, which the Revenue did not object to.
Held
The Income Tax Appellate Tribunal dismissed the appeal as withdrawn, granting the assessee leave to revive it if the dispute remains unsettled under the VSVA scheme for any reason. The assessee was absent during the hearing.
Key Issues
Whether an appeal should be dismissed as withdrawn, with a provision for revival, when the assessee opts for the Vivad se Vishwas Scheme and applies for withdrawal.
Sections Cited
253(1), 250, 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI
Before: HON’BLE SHRI PAVAN KUMAR GADALE & SHRI G. D. PADMAHSHALI
IN THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI
BEFORE HON’BLE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER AND SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER ITA Nos. 115/PAN/2024 Assessment Year : 2018-19 Sumit Sethia L-84 ELIN Electronics, Verna Industrial Estate, Verna, 403722 Goa. PAN:AKLPS7117H. . . . . . . . Appellant
V/s Asstt. Commissioner of Income Tax, Circle-1(1), Panaji, Goa. . . . . . . . Respondent
Appearances Assessee by : None for the assessee Revenue by : Ms Rijjula Uniyal [‘Ld. DR’] Date of conclusive Hearing : 23/01/2025 Date of Pronouncement : 23/01/2025 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/NFAC/S/250/2023-24/1062263119(1) dt. 08/03/2024 passed by National Faceless Appeal Centre, Delhi [‘Ld. NFAC’ hereinafter] u/s 250 of the Act which in turn arisen out of order of assessment dt. 04/03/2021 passed u/s 143(3) of the Act by National e-Asstt Centre, Delhi [‘Ld. NeAC’ hereinafter] anent to assessment year 2018-19 [‘AY’ hereinafter]
ITAT-Panaji Page 1 of 2
Sumit Sethia Vs ACIT ITA Nos.115/PAN/2024 AY 2018-19
The case was called twice; none appeared at the behest of appellant assessee, after a mindful consideration of withdrawal application dt. 16/01/2025 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 786107540301224 dt. 30/12/2024 has opted for ‘Direct Tax Vivad se Vishwas Scheme, 2024’ [‘VSVA’ hereinafter] to settled the present dispute. Pursuant to Form-2 Ack No 819776801140125 dt. 14/01/2025 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 reasons.
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.
-S/d- -S/d- PAVAN KUMAR GADALE G. D. PADMAHSHALI JUDICIAL MEMBER ACCOUNTANT MEMBER Panaji/Dt: 23th January, 2025. Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The CIT(A)/NFAC Concerned 4. PCIT Concerned 5. DR, ITAT, Panaji Bench, Panaji 6. Guard File By Order, Sr. Private Secretary / AR ITAT, Panaji. ITAT-Panaji Page 2 of 2
