Loading judgment…
Facts
The assessee filed an appeal against the order dated 12.12.2022 for the assessment year 2018-19. The appeal was filed with a delay of 271 days, but the reasons for the delay were considered bonafide. Subsequently, the assessee opted for the Vivad-se-Vishwas Scheme 2024.
Held
The Tribunal condoned the delay and admitted the appeal for adjudication. However, upon being informed that the assessee had opted for the Vivad-se-Vishwas Scheme 2024, the appeal was dismissed as infructuous.
Key Issues
Whether the appeal filed by the assessee is to be dismissed as infructuous due to opting for the Vivad-se-Vishwas Scheme 2024.
Sections Cited
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi & Shri Jagadish
Year: 2018-19 K P R Mill Limited, Vs. The Assistant Commissioner of 9, Gokul Buildings, Thadagam Road, Income Tax, A.K.S. Nagar, Coimbatore 641 001. Corporate Circle 2, Coimbatore. [PAN:AACCK0893N] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri N. Arjun Raj, Advocate ��थ� की ओर से/Respondent by : Shri Nilay Baran Som, CIT सुनवाई की तारीख/ Date of hearing : 04.12.2024 घोषणा की तारीख /Date of Pronouncement : 04.12.2024 आदेश /O R D E R
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 12.12.2022 passed by the ld. Principal Commissioner of Income Tax, Coimbatore-1, Coimbatore for the assessment year 2018-19.
We find that this appeal was filed with a delay of 271 days. The assessee filed an affidavit along with petition for condonation of delay stating reasons for the said delay. Upon hearing both the parties and on examination of the petition, we find that the reasons stated by the assessee are bonafide, which really prevented the assessee in filing the appeal in time and accordingly, we condone the delay and admit the appeal for adjudication.
When this appeal was taken up for hearing, by filing an application along with acknowledgement & Form 3 DTVSV 2024, the ld. AR Shri N. Arjun Raj submits that the assessee has opted to avail the Vivad-se- Vishwas Scheme 2024 and Form No. 3 was also issued. He has further submitted that the appeal filed by the assessee may be treated as infructuous.
The ld. DR Shri Nilay Baran Som, CIT did not opposed to the submissions of the ld. AR.
Having heard both the parties, we note that the assessee opted for the Vivad-se-Vishwas Scheme 2024 and the Designated Authority issued Form No.2 vide certificate No. 65651993128 dated 28.10.2024 for the settlement of pending tax dispute. In view of the above facts and circumstances, the appeal filed by the assessee is liable to be dismissed as infructuous. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Vivad-se- Vishwas Scheme 2024.
In the result, the appeal filed by the assessee is dismissed as infructuous. Order pronounced in the open Court on 04th December, 2024 at Chennai.