METHA DEVICHAND SURESH KUMAR,BIRUR V. INCOME TAX OFFICER, WARD-1, , CHIKKAMAGALURU

ITA 137/BANG/2024

AI Insights

The case involves an appeal by Metha Devichand Suresh Kumar, the proprietor of Mehta Jewellers, against an order from the CIT(A)/NFAC for the assessment year 2014-15. The appeal was filed in response to a decision made under section 250 of the Income Tax Act, 1961. However, during the proceedings, the appellant opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and subsequently requested the withdrawal of the appeal following the issuance of a certificate under the scheme. The respondent, ITO Ward-1 Chikkamagaluru, did not object to the withdrawal. Consequently, the tribunal dismissed the appeal as withdrawn, with the provision to reinstate if the application under the scheme was not accepted.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 470503 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GANESH R GALE; STANDING COUNSEL
• Section: 250; 92

Judgement Text

"ITA No.137/Bang/2024 Metha Devichand Suresh Kumar, Birur IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No.137/Bang/2024 Assessment Year: 2014-15 Metha Devichand Suresh Kumar Prop. Mehta Jewellers, B.H. Road Chikkamagaluru Karnataka 577 116 PAN NO : AAIHM4933N Vs. ITO Ward-1 Chikkamagaluru APPELLANT RESPONDENT Appellant by : N O N E Respondent by : Sri Ganesh R Gale, Standing Counsel for department Date of Hearing : 03.12.2024 Date of Pronouncement : 03.03.2025 O R D E R PER KESHAV DUBEY, JUDICIAL MEMBER: This appeal filed by the assessee against the order of ld. CIT(A)/NFAC dated 7.12.2023 vide DIN & Order No.ITBA/NFAC/S/250/2023-24/1058559667(1) for the assessment year 2014-15 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”). 2. During the course of hearing, none appeared on behalf of the assessee. However, on going through the record, we find a letter dated 30.10.2024 filed on 4.11.2024 towards intimation of opting the Direct tax Vivad Se Vishwas Scheme by filing Form 1 DTVSV 2024 on 29.10.2024 vide acknowledgement No.662299570291024. Further, we also find another letter dated 26.11.2024 filed on 27.11.2024 requesting for withdrawal of the appeal enclosing therein ITA No.137/Bang/2024 Metha Devichand Suresh Kumar, Birur Page 2 of 3 the copy of acknowledgement of filing Form 1 on 29.10.2024 under the Direct Tax Vivad Se Vishwas Scheme 2024 (DTVSV, 2024) as well as copy of Form-2 issued by the ld. Principal Commissioner of Income Tax on 13.11.2024. 3. Ld. D.R. on the other hand has no objection on the request for withdrawal of appeal as made by the assessee. 4. We have heard the rival submissions and perused the materials available on record. As per the provisions of section 91(2) of the DTVSV Scheme, 2024, any appeal pending before the ITAT or CIT(A) in respect of disputed interest or disputed penalty or disputed fee or tax arrear shall be deemed to have been withdrawn upon the issuance of certificate u/s 92(1) of the DTVSV Scheme, 2024. 4.1 On going through the letter along with the enclosures filed on 27.11.2024, we find that the Form No.2 i.e. Certificate under sub- section (1) of section 92 of the Finance (2) Act, 2024, is already issued by the ld. Principal Commissioner of Income Tax on 13.11.2024. We, accordingly, as per the request letter dated 26.11.2024 of the ld. A.R. of the assessee, dismiss this appeal of the assessee as withdrawn with a liberty to reinstate the appeal if the assessee’s application under the DTVSV Scheme, 2024 is not accepted for any reason. 5. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 3rd Mar, 2025 Sd/- (Waseem Ahmed) Accountant Member Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 3rd Mar, 2025. VG/SPS ITA No.137/Bang/2024 Metha Devichand Suresh Kumar, Birur Page 3 of 3 Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The DR, ITAT, Bangalore. 5 Guard file By order Asst. Registrar, ITAT, Bangalore. "