RAGHUNATH SARAOGI,DURGAPURR vs. PCIT, CENTAL, PATNA

IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA BENCH, PATNA VIRTUAL HEARING AT KOLKATA

Before Shri Sonjoy Sarma, Judicial Member and Shri Sanjay Awasthi, Accountant Member I.T.A. No.226/Pat/2022 Assessment Year: 2012-13 Raghunath Saraogi…………………………………………………….…..……Appellant 5/2 Bengal Ambuja City Centre, Durgapur-713216. [PAN: AJIPS7251E] vs. PCIT(Central), Patna……............…..….…..….........……........……...…..…..Respondent Appearances by: Shri Vishal Agarwal, AR, appeared on behalf of the appellant. Shri Rinku Singh, CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : December 16, 2024 Date of pronouncing the order : December 17, 2024 ORDER Per Sonjoy Sarma, Judicial Member: The present appeal is filed by the assessee against the order dated 22.02.2022 of the PCIT (Central), Patna [hereinafter referred to as ‘PCIT’] exercising his revision jurisdiction u/s 263 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. At the outset, the ld. AR submitted that there is a delay of 59 days in filing the instant appeal. The assessee has submitted an application for condonation of delay citing valid and proper reasons. After considering the averments made in the application, we condone the delay. 2.1 The ld. Counsel for the assessee has further submitted that the assessee has opted for Direct Tax Vivav Se Vishwas Scheme, 2024 (hereinafter referred to as the ‘scheme’) and has received Form 2 Certificate under sub-section (1) of section 92 of the Finance (No.2) Act, 2024, wherein, it is determined that the assessee has to pay

I.T.A. No.226/Pat/2022 Assessment Year: 2012-13 Raghunath Saraogi

Rs.659346/- vide order dated 29.11.2024. In the intervening time, the assessee has also paid a sum of Rs.6,59,346/- vide challan dated 06.12.2024 to the competent authority. Therefore, the ld. Counsel prayed that this appeal may be allowed to be withdrawn as the matter has already been settled under the scheme. 3. The ld. DR did not raise any objection to the above prayer made by the assessee before the Bench. 4. We, after hearing the rival submissions of both the parties and perusing the materials available on record, find that the assessee has opted the scheme of 2024 and has settled the matter as per the scheme. Accordingly, the assessee has requested to withdraw the present appeal. In view of the above, we allow the assessee to withdraw the present appeal and consequently, the appeal stands dismissed as withdrawn. 5. In the result, the appeal of the assessee is dismissed as withdrawn.

Kolkata, the 17th December, 2024.

Sd/- Sd/- [Sanjay Awasthi] [Sonjoy Sarma] Accountant Member Judicial Member

Dated: 17.12.2024. RS Copy of the order forwarded to: 1. Raghunath Saraogi 2. PCIT(Central), Patna 3. CIT(A)- 4. CIT- , 5. CIT(DR),

I.T.A. No.226/Pat/2022 Assessment Year: 2012-13 Raghunath Saraogi

//True copy// By order Assistant Registrar, Kolkata Benches