What did the Tribunal hold?

The appeal is liable to be dismissed as withdrawn because the Assessee has opted for the Vivad Se Vishwas Scheme. Liberty is granted to the parties to seek recall of the order in case of failure to pay the requisite amount under the scheme.

The Assessee preferred an appeal against an order passed by the National Faceless Appeal Centre. The Assessee has opted for the Vivad Se Vishwas Scheme and filed Form-1.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the Assessee opting for the Vivad Se Vishwas Scheme.

Shishir Jitendra Shah vs ITO | ITAT Mumbai 2024

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI NARENDER KUMAR CHOUDHRY

For Appellant: Shri Bharat Kumar, Ld. A.R

For Respondent: Shri V.K. Chaturvedi, Ld. Sr. D.R

Hearing: 09.12.2024Pronounced: 09.12.2024

Per : Narender Kumar Choudhry, Judicial Member:

This appeal has been preferred by the Assessee against the order dated 23.02.2024, 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. 2017-18.

In the instant case, as the Assessee has opted for Vivad Se Vishwas Scheme (in short “VSVS”) 2024 and filed Form-1 in this regard, thus, the appeal is liable to be dismissed as withdrawn with liberty to the parties to seek recall of this order, in case of failure of the Assessee to pay requisite amount as determined under VSVS 2024.

In the result, the appeal filed by the Assessee is dismissed as withdrawn, with liberty to the parties as mentioned above.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 09.12.2024.

SHISHIR JITENDRA SHAH,MUMBAI vs. ITO, WARD-19(3)(1) FORMALLY KNOWN AS ITO WARD-19(3)(3), MUMBAI

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What were the issues?

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