MANJU ENTERPRISES PVT LTD.,NEW DELHI vs. ITO WARD 16(2), NEW DELHI

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ITA 535/DEL/2024Status: HeardITAT Delhi05 August 2025AY 2012-13Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)1 pages
AI SummaryDismissed as withdrawn

What did the Tribunal hold?

The Tribunal allowed the appeal to be withdrawn as per the assessee's request. The appeal was dismissed as withdrawn. Liberty was granted to both parties to seek restoration of the appeal if not satisfied with the outcome of the Vivad Se Vishwas Scheme proceedings.

What were the facts?

The assessee preferred an appeal against the order of the Commissioner of Income-tax (Appeals) arising from an order passed by the ITO under Section 263 r.w.s.143(3) of the Income Tax Act, 1961. During the hearing, the assessee sought to withdraw the appeal as they had approached the competent authority for the benefit of the Direct Tax Vivad Se Vishwas Scheme, 2024.

What were the issues?

Whether the appeal should be withdrawn in light of the assessee's application under the Direct Tax Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES: E : NEW DELHI

Before: SHRI S. RIFAUR RAHMAN & SHRI ANUBHAV SHARMA

For Appellant: Ms Krishma Rathore, Advocate &, Shri Akash Ojha, Advocate
For Respondent: Shri Vipul Kashyap, Sr. DR
Hearing: 05.08.2025Pronounced: 05.08.2025

Assessment Year: 2012-13 Manju Enterprises Pvt. Ltd., Vs ITO, J-209/3, Lane-15, Ward-16(2), Western Avenue, New Delhi. Sainik Farm, New Delhi – 110 062. PAN: AAACM4887E (Appellant) (Respondent) Assessee by : Ms Krishma Rathore, Advocate & Shri Akash Ojha, Advocate Revenue by : Shri Vipul Kashyap, Sr. DR Date of Hearing : 05.08.2025 Date of Pronouncement : 05.08.2025 ORDER

PER ANUBHAV SHARMA, JM:

1.

This appeal is preferred by the assessee against the order dated 10.01.2024 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the ld. First Appellate Authority or ‘the Ld. FAA’ for short) in Appeal No.CIT(A), Delhi-6/10165/2017-18 arising out of the appeal before it against the order dated 15.11.2017 passed u/s 263 r.w.s.143(3) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the ITO, Ward 16(2), New Delhi (hereinafter referred to as the Ld. AO).

2.

At the time of hearing the ld. counsel, vide an application placed on record, submitted out on behalf of the assessee that the assessee has approached the competent authority for taking benefit of Direct Tax Vivad Se Vishwas Scheme, 2024 by submitting Form 1. It was also brought to our knowledge that relevant form No.2 has been issued in favour of the assessee. The assessee, in compliance of Form-2 has also deposited the amount payable as computed in Form-2 and the challan depicting the same was also enclosed with the said letter. It was also submitted that the appeal will be settled according to the Direct Tax Vivad Se Vishwas Scheme, 2024 and, therefore, a request was made for withdrawal of the appeal with liberty to approach the Tribunal in case the appeal is not settled. The ld. DR had no objection to the withdrawal.

3.

In the light of the aforesaid, the appeal referred in the title above is allowed to be withdrawn and accordingly is dismissed as withdrawn. However, in case the assessee or the Department is not satisfied with the final outcome of the Direct Tax Vivad Se Vishwas Scheme, 2024 proceedings, both the parties will be at liberty to get the appeal restored for decision on merits.

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