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Facts
The assessee filed two appeals against separate orders of the NFAC/CIT(A) for Assessment Years 2015-16 and 2016-17. Both appeals, having common facts, were clubbed and heard together. Subsequently, the assessee applied to resolve the tax dispute under the Direct VSV Scheme of the department.
Held
The Tribunal, noting the assessee's intention to settle the dispute via the VSV Scheme, dismissed both appeals as withdrawn. The assessee was granted liberty to apply for reinstatement of the appeals if the VSV Scheme settlement fails, subject to legal parameters.
Key Issues
Whether the appeals should be kept pending before the Tribunal when the assessee intends to resolve the tax dispute through the Direct VSV Scheme.
Sections Cited
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Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI PARTHA SARATHI CHAUDHURY & SHRI RATNESH NANDAN SAHAY
Assessee represented by None Department represented by Shri Khubchand T. Pandya, Sr.DR Date of hearing 03/02/2025 Date of pronouncement 04/02/2025 O R D E R PER: PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER: 1. Both these appeals preferred by the assessee emanate from the separate orders of National Faceless Appeal Centre, Delhi (NFAC)/learned Commissioner of Income Tax (Appeals) [in short, the ld. CIT(A)] both dated 27/06/2023 for the Assessment Year (AY) 2015-16 & 2016-17 respectively as per the grounds of appeal on record. Facts and circumstances of both these appeals are common, therefore, with the consent of parties, both these appeals were clubbed and heard together and are being decided by this common order.
2. At the very outset, the assessee had filed an application stating that they are proceeding for Direct VSV Scheme of the department. This was also accepted by the learned Senior Departmental Representative (ld. Sr. DR) for revenue that when the intention of the assessee is clear that they are proceeding for the settlement of tax dispute within the said scheme of the department, &210/Ran/2023 Shakti Dhar Dobhal Vs ITO therefore in such scenario, it does not serve any purpose to keep the appeal pending before the Tribunal at this stage. We therefore, treat these appeals of the assessee being dismissed as withdrawn with the liberty that in case the assessee fails to reach logical end through Direct VSV Scheme, in such scenario within the para meters of law, he shall be allowed to apply of reinstatement of these appeals. Accordingly, both these appeals of the assessee are dismissed as withdrawn.