VEERMATA JIJABAI TECHNOLOGICAL INSTITUTE,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX EXEM. CIRCLE 2 MUMBAI, MUMBAI
Facts
The assessee filed an appeal against an order dated 03.10.2023. At the hearing, the assessee's AR submitted a letter indicating the assessee's opt-in to the Direct Tax Vivad Se Vishwas Scheme, 2024.
Held
The Tribunal noted the assessee's decision to opt for the Vivad Se Vishwas Scheme. Consequently, the appeal was dismissed as withdrawn, with liberty granted to reinstate if the scheme application is not accepted.
Key Issues
Whether the appeal can be dismissed as withdrawn due to the assessee opting for the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
250 of the Income Tax Act, 1961
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Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI OM PRAKASH KANTSHRI SANDEEP SINGH KARHAIL
IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No. 223/MUM/2024 (Assessment Year : 2017–18)
Veermata Jijabai Technological Institute H.R. Mahajani Marg, Matunga, Mumbai, Maharashtra - 400019 ……………. Appellant PAN: AAATV2693J v/s
ACIT, Circle – 2 ……………. Respondent Mumbai- 400012
Assessee by : Shri Vaishvik Revenue by : Shri Ashish Heliwal, CIT-DR
Date of Hearing – 28/11/2024 Date of Order – 29/11/2024
O R D E R PER SANDEEP SINGH KARHAIL, J.M.
The assessee has filed the present appeal challenging the impugned order dated 03.10.2023, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [“learned CIT(A)”], for the assessment year 2017-18.
At the time of the hearing, the learned AR for the assessee filed a letter dated 25.11.2024 along with a copy of Form 1 filed under Direct Tax Vivad Se Vishwas Scheme, 2024 and stated that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024. In light of the above letter, we dismiss the
ITA No.223/MUM/2024 (A.Y. 2017-18) 2
appeal of the assessee with the liberty to reinstate the appeal if its application under Direct Tax Vivad Se Vishwas Scheme, 2024, is not accepted.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on 29/11/2024
Sd/- Sd/- OM PRAKASH KANT SANDEEP SINGH KARHAIL ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 29/11/2024 Prabhat Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Mumbai; and (5) Guard file. By Order Assistant Registrar ITAT, Mumbai