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Facts
The assessee preferred an appeal against the CIT(A)'s order which dismissed the appeal against a penalty order. The appellant submitted that they had opted for settlement under the Vivad Se Vishwaas Scheme, 2024.
Held
The appeal was dismissed as withdrawn. Liberty was granted to the appellant to revive the appeal if the settlement under the Vivad Se Vishwaas Scheme does not materialize.
Key Issues
Whether the appeal can be dismissed as withdrawn due to opting for Vivad Se Vishwaas Scheme settlement.
Sections Cited
250, 270A
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Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER Lakeside Properties Private Limited 12A, Floor-Grd, Plot – 108, Podar Chambers, S. A. Brelvi Road, Horniman Circle, Fort, Mumbai City Mumbai – 400001, Maharashtra. [PAN:AABCL4041Q] …………. Appellant Deputy Commissioner of Income Tax Vs Central Circle – 1(4), Mumbai Room No.902, 9th Floor, Pratishtha Bhavan, Old CGO Annexe, Maharishi Karve Road, Mumbai – 400020.Maharashtra. …………. Respondent Appearance For the Appellant/Assessee : Shri Ravi Ganatra For the Respondent/Department : Shri K. R. Subhash Date Conclusion of hearing : 23.10.2024 Pronouncement of order : 28.11.2024 O R D E R [ Per Rahul Chaudhary, Judicial Member:
1. 1. The present appeal preferred by the Assessee is directed against the order, dated 21/05/2024, passed by the Commissioner of Income Tax (Appeals)-47, [hereinafter referred to as ‘the CIT(A)’] under Section 250 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] whereby the Ld. CIT(A) had dismissed the appeal against the Penalty Order, dated 21/06/2023, passed under Section 270A of the Act for the Assessment Year 2017-18.
2. When the appeal was taken up for hearing the Learned Authorised Representative appearing on behalf of the Appellant placed on Assessment Year 2017-2018 record copy of Form I DTVSV 2024 e-filed under the ‘The Direct Tax – Vivad Se Vishwaas Scheme’, 2024 on 19/10/2024 having e-filing Acknowledgment Number 620040180191024 and submitted that the Appellant has opted for settlement under the Vivad Se Vishwaas Scheme - 2024. In view of the aforesaid, the present appeal preferred by the Appellant is dismissed as withdrawn with liberty granted to the Appellant to revive the same in case the application filed by the Appellant does not result in settlement of dispute by way of filing miscellaneous application before the Tribunal within the period prescribed.
In terms of above the present appeal is dismissed as withdrawn.