SOUMIL PRAVIN SHAH,MUMBAI vs. INCOME TAX OFFICER WARD 25(1)(2), MUMBAI

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ITA 2275/MUM/2024Status: DisposedITAT Mumbai12 December 2024AY 2013-143 pages
AI SummaryN/A

What did the Tribunal hold?

The Tribunal dismissed the assessee's appeal as withdrawn, noting that the assessee chose to settle the dispute amicably under the VSVS. The order includes a provision for parties to seek recall if the assessee fails to deposit the requisite amount as determined by the concerned authority under the scheme.

What were the facts?

The assessee filed an appeal against an order passed by the Ld. Commissioner of Income Tax (Appeals) for the Assessment Year 2013-14. During the appeal proceedings, the assessee opted for the Vivad Se Vishwas Scheme (VSVS) 2024 and filed the required Form No. 1.

What were the issues?

Whether the appeal should be dismissed as withdrawn given the assessee's election to participate in the Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH SMC”, MUMBAI

Before: SHRI NARENDER KUMAR CHOUDHRY

For Appellant: Ms. Radhika Tonde, Ld. A.R
For Respondent: Mr. V.K. Chaturvedi, Sr. D.R
Hearing: 12.12.2024Pronounced: 12.12.2024

Per : Narender Kumar Choudhry, Judicial Member:

This appeal has been preferred by the Assessee against the order dated 20.03.2024, impugned herein, passed by the Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) under section 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2013-14.

2.

In the instant case, the Assessee has opted for Vivad Se Vishwas Scheme, (in short “VSVS”) 2024 and in pursuance to that has filed Form no.1. 2024.

3.

The Ld. D.R. did not refute the claim of the Assessee.

4.

Considering the peculiar facts and circumstances of the case, as the Assessee has opted for VSVS in order to settle the dispute amicably, therefore the appeal of the Assessee deserve dismissal being withdrawn, however, with liberty to the parties to seek recall of this order, in case of failure of the Assessee to deposit the requisite amount to be determined by the concerned authority under VSVS, 2024.

5.

In the result, the appeal filed by the Assessee, is dismissed as withdrawn with liberty to the parties as mentioned above.

Order pronounced in the open court on 12.12.2024.

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