KPR MILL LIMITED ,COIMBATORE vs. ACIT, CORP CIRCLE-2, COIMBATORE

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.