The Income Tax Appellate Tribunal ( ITAT ) bench at Kolkata dismissed the appeal filed by the assessee as the bench observed that the assessee had opted for Settlement Under Vivad Se Vishwas Scheme 2024.
In this case, the assessee, the assessee, Amit Kumar Kajaria, HUF, has appealed against an order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre ( NFAC ), Delhi, for the Assessment Year 2013-14.
It is to be noted that during the proceedings, the assessee filed a declaration in Form No. 1 on 25-12-2024, informing the ITAT that they had chosen to participate in the Direct Tax Vivad Se Vishwas Scheme 2024.
Comprehensive Guide of Law and Procedure for Filing of Income Tax Appeals, Click Here
The assessee requested a temporary adjournment of the hearing until the end of February 2025. Since the assessee chose to resolve the dispute under this settlement scheme, they requested an adjournment.
The bench, by going through the facts of the present case and the submitted materials, held that “ By considering the totality of the facts and circumstances of the case, I dismiss the appeal of the assessee with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for any reason, whatsoever. “
The ITAT dismissed the appeal, granting the liberty to revive it later if the settlement under the scheme did not succeed for any reason. The bench, comprising Duvvuru RL Reddy ( Vice President ) dismissed by the appeal filed by the assessee.
Sadly, there was a lack of representation on the assessee’s part. The Revenue was represented by Smt. Madhumita Das, Addl. CIT.
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