BHADRAKALI ESTATES PRIVATE LIMITED,DELHI vs. ITO NFAC (JAO WARD-4(1), DELHI), DELHI

PDF · subscribers
ITA 5778/DEL/2024Status: DisposedITAT Delhi08 August 2025AY 2014-2015Bench: SHRI MAHAVIR SINGH (Vice President), SHRI BRAJESH KUMAR SINGH (Accountant Member)2 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal dismissed the appeal as withdrawn, granting the assessee liberty to recall the order if they are unsuccessful in completing the Vivad se Vishwas Scheme.

What were the facts?

The assessee filed an appeal for assessment year 2014-15 but subsequently opted for 'The Direct Tax Vivad se Vishwas Scheme, 2024'. A petition was filed to withdraw the appeal, supported by Forms 1 and 2 of the scheme, to which the Revenue had no objection.

What were the issues?

Whether an appeal can be withdrawn when the assessee opts for the Direct Tax Vivad se Vishwas Scheme, with a provision for recalling the order if the scheme is not successfully completed.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI FRIDAY BENCH A : NEW DELHI

Before: SHRI MAHAVIR SINGH & SHRI BRAJESH KUMAR SINGH

For Respondent: Shri Dharam Veer Singh, CIT-DR and Shri Rjaesh Kumar Dhanesta, Senior DR
Hearing: 08.08.2025Pronounced: 08.08.2025

Appellant by : None. Respondent by : Shri Dharam Veer Singh, CIT-DR and Shri Rjaesh Kumar Dhanesta, Senior DR. Date of hearing : 08.08.2025 Date of pronouncement : 08.08.2025 ORDER

PER BRAJESH KUMAR SINGH, AM

1.

This appeal by the assessee is directed against the order of learned NFAC, Delhi dated 8th November, 2024 for the assessment year 2014-15.

2.

None appeared on behalf of the assessee at the time of hearing. A petition dated 4th January, 2025 has been filed by the learned Counsel for the assessee stating that the assessee has opted for The Direct Tax Vivad se Vishwas Scheme, 2024 for the relevant assessment year 2014-15. The assessee has stated that it has filed form No.1 and the Revenue has also issued Form No.2, which are enclosed as Annexures in the petition. It was, therefore, requested that assessee may be permitted to withdraw the present appeal filed by it. Learned CIT-DR has no objection.

3.

Since the assessee has opted for Vivad se Vishwas Scheme, we dismiss this appeal as withdrawn. However, we are granting liberty to the assessee that in case the assessee is not successful in getting through the Vivad se Vishwas Scheme, it is free to get this order recalled. In terms of the above, the appeal is dismissed as withdrawn.

4.

In the result, the appeal of the assessee is dismissed as withdrawn.

Decision pronounced in the open Court on conclusion of hearing on 8th August, 2025.

Recent GST High Court judgments

Search GST case law →