IMC CHAMBER OF COMMERCE AND INDUSTRY ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX E-ASSESSMENT CENTRE , MUMBAI
Facts
The assessee and the revenue had preferred appeals against separate orders of the Ld. Commissioner of Income Tax (Appeals) for various assessment years. During the proceedings, the assessee opted for the direct tax Vivad Se Vishwas Scheme, 2024, in respect of three of its own appeals and one appeal filed by the revenue.
Held
Given the assessee's decision to opt for the Vivad Se Vishwas Scheme, the Tribunal deemed all four appeals as withdrawn and infructuous, consequently dismissing them. The Tribunal also granted liberty to both the assessee and the revenue to file an application for recalling the appeals if the application under the Vivad Se Vishwas Scheme is not accepted.
Key Issues
Whether appeals, including those filed by the assessee and the revenue, become infructuous and warrant dismissal when the assessee opts for the Vivad Se Vishwas Scheme.
Sections Cited
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 In view of the Vivad Se Vishwas Scheme opted by the assessee these appeals are claimed to be withdrawn and therefore dismissed as infructuous, with liberty to the assessee as well as revenue to file an application for recalling the appeals in case the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.