YASHWANT HIRALAL THAKAR,MUMBAI vs. INCOME TAX OFFICER - 22(3)(1), MUMBAI
What did the Tribunal hold?
Considering the Assessee's willingness to settle the dispute under the Vivad Se Vishwas Scheme and the lack of opposition from the Revenue, the appeal was allowed to be dismissed as withdrawn. Liberty was granted to recall the order if the Assessee fails to deposit the requisite amount under the scheme.
What were the facts?
The Assessee filed an appeal against the order of the National Faceless Appeal Centre. The Assessee has opted for the Vivad Se Vishwas Scheme, 2024, and filed the necessary form. The Revenue did not object to the Assessee's claim.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the Assessee opting for the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Assessee against the order dated 20.05.2024, impugned herein, passed by the National Faceless Appeal Centre/Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2012-13.
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.
The Ld. D.R. did not refute the claim of the Assessee.
Considering the peculiar facts and circumstances of the case, as the Assessee is willing to steeled the dispute under for VSVS 2024 and therefore the appeal is deserve dismissal being withdrawn, however, with liberty to the parties to seek recall of this order, in case of failure of the Assessee to deposit the requisite amount to be determined by the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.
In the result, the appeal filed by the Assessee is dismissed as withdrawn, with liberty to the parties as mentioned above.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 10.12.2024.
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