RAJENDRABHAI MOHANLAL SHAH,AHMEDABAD V. THE PCIT, VADODARA -1, VADODARA

ITA 222/AHD/2023

AI Insights

The case involves an appeal by Rajendra Mohanlal Shah against an order passed by the Pr.CIT-1, Vadodara, under section 263 of the Income Tax Act, 1961, which arose from an earlier order under section 143(3) for the Assessment Year 2023-24. The assessee opted for the Vivad Se Vishwas Scheme, 2024, a government initiative aimed at resolving pending tax disputes. Following the acceptance of his application and payment of the requisite tax, the Pr.CIT-1 issued Form No.4, indicating a full and final settlement of the tax arrears. Consequently, the Tribunal dismissed the appeal as withdrawn, acknowledging the settlement under the scheme.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 298695 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ADJOURNMENT APPLICATION
• Assessee Lawyers: ADJOURNMENT APPLICATION
• Section: 143(3); 263

Judgement Text

"आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद \bयायपीठ अहमदाबाद \bयायपीठ अहमदाबाद \bयायपीठ अहमदाबाद \bयायपीठ ‘A’ अहमदाबाद। अहमदाबाद। अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD ] ] BEFORE S/SHRI SANJAY GARG, JUDICIAL MEMBER AND MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER ITA No.222/Ahd/2023 Assessment Year : 2018-19 Rajendra Mohanlal Shah C/o. Divyang J. Shah 201,2nd Floor, Devashish Complex Nr. Regenta Central Atarim Hotel, Off CG Road Ahmedabad. PAN: AKYPS 5939 E Vs The Pr.CIT-1 Vadodra. (Applicant) (Responent) Assessee by : Adjournment Application Revenue by : Adjournment Application सुनवाई क\t तारीख/Date of Hearing : 20/03/2025 घोषणा क\t तारीख /Date of Pronouncement: 20/03/2025 आदेश आदेश आदेश आदेश/O R D E R Per Sanjay Garg, Judicial Member The above appeal has been filed by the assessee against order passed by the Ld.Pr.Commissioner of Income Tax-1, Vadodara [hereinafter referred to as “ld.Pr.CIT] dated 04.03.2023 in exercise of jurisdiction under section 263 of the Income Tax Act, 1961 (\"the Act\" for short) arising out of the order of passed by the Assessing Officer under section 143(3) of the Act, pertaining to Assessment Year 2023- 24. 2. At the outset, it was brought to the notice of the Bench that the ld.counsel for the assessee, Shri Divyang J. Shah, has filed a letter ITA No.222/Ahd/2023 2 dated 19.3.2025 on behalf of the assessee stating that the assessee has opted for settlement of the case under the Vivad Se Vishwas Scheme, 2024 and finally the ld.Pr.CIT has issued Form No.4 dated 30.1.2025 stating full and final settlement of the tax arrear in the case of the assessee. He has placed on record a copy of the Form No.4. The contents of the above letter is as under: “Sub:-Request for adjournment in above case Appeal for the subject matter is fixed on 20th March, 2025. In this regards, we would like to state that appellant has filed an application in Form 1 under Direct Tax Vivad Se Vishwas Scheme, 2024 and the same has been accepted by the Id Pr. CIT-1, Vadodara by issuing Form 2 under DTVSVS, 2024. The appellant has also paid requisite tax and filed Form 3 under DTVSVS, 2024. And Ld. Pr CIT-1, Vadodara has also issued Form 4 under DTVSVS, 2024 for full and final settlement of tax-arrear of the above case. For your honor's ready reference, we have attached herewith copy of Form 4 as per Annexure- A. Hence, we would like to request your honor to kindly grant the adjournment of few days. In this regards, inconvenience cause to your Honor is regretted. 3. In view of the fact that the assessee is stated to be resolved the dispute with the department by payment of the settled amount, we find no reason to keep pending appeal of the assessee before the Tribunal. Accordingly, the appeal of the assessee stand dismissed as withdrawn. 4. In the result, the appeal of the assessee is dismissed under VSV scheme. Order pronounced in the Court on 20th March, 2025 at Ahmedabad. Sd/- Sd/- (MAKARAND V. MAHADEOKAR) ACCOUNTANT MEMBER (SANJAY GARG) JUDICIAL MEMBER Ahmedabad,dated 20/03/2025 vk* "