DCIT(E) 1(1), MUMBAI vs. IMC CHAMBER OF COMMECE AND INDUSTRY, MUMBAI
Facts
The assessee and the revenue had filed multiple appeals against separate orders of the Ld. Commissioner of Income Tax (Appeals) for various assessment years. During the tribunal proceedings, the assessee's counsel informed that the assessee opted for the direct tax Vivad Se Vishwas scheme, 2024, which covered three appeals of the assessee and one appeal of the revenue.
Held
Given the assessee's decision to opt for the Vivad Se Vishwas Scheme, the appeals were deemed withdrawn and consequently dismissed as infructuous. The tribunal granted liberty to both the assessee and the revenue to file an application for recalling the appeals if the Vivad Se Vishwas Scheme application is not accepted.
Key Issues
Whether appeals filed by the assessee and revenue become infructuous and should be dismissed upon the assessee opting for the Vivad Se Vishwas Scheme.
Sections Cited
Vivad Se Vishwas scheme, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “C”, MUMBAI
Before: SHRI OM PRAKASH KANT & SHRI SANDEEP SINGH KARHAIL
Per : OM PRAKASH KANT, Accountant Member:
The captioned appeals by the assessee and revenue have been preferred against the separate orders passed by the Ld. Commissioner of Income Tax (Appeals) for respective assessment years.
3 ITA No.714, 920/M/2024 IMC Chamber of Commece and Industry 2. At the outset the Ld. Counsel for the assessee submitted that assessee has opted for direct tax Vivad Se Vishwas scheme, 2024 in respect of three appeals of the assessee and one appeal of the revenue. In view of the Vivad Se Vishwas Scheme opted by the assessee these appeals are claimed to be withdrawn and therefore dismissed as infructuous, with liberty to the assessee as well as revenue to file an application for recalling the appeals in case the application of assessee under Vivad Se Vishwas Scheme is not accepted.
In the result all the three appeals of the assessee and revenue are dismissed.
Order pronounced in the open court on 29.11.2024.
Sd/- Sd/- (SANDEEP SINGH KARHAIL) (OM PRAKASH KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Dated: 29/11/2024 Poonam Mirashi, Stenographer Copy to: The Appellant The Respondent The Pr. CIT, Concerned, Mumbai The DR Concerned Bench
//True Copy//
4 ITA No.714, 920/M/2024 IMC Chamber of Commece and Industry By Order
Dy/Asstt. Registrar, ITAT, Mumbai.