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Facts
The assessee filed an appeal against an order of the Commissioner of Income Tax (Appeal) for AY 2015-16. During the tribunal hearing, it was brought to the tribunal's attention that the assessee had opted for the Vivad Se Vishwas Scheme 2024.
Held
The tribunal dismissed the appeal as withdrawn, acceding to the assessee's request based on their participation in the Vivad Se Vishwas Scheme. The assessee was granted liberty to seek revival of the appeal through a miscellaneous application if the VSVS-24 scheme is unsuccessful for any reason.
Key Issues
Whether an appeal can be withdrawn from the Income Tax Appellate Tribunal when the assessee has opted into the Vivad Se Vishwas Scheme, 2024.
Sections Cited
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Income Tax Appellate Tribunal, “B” BENCH: KOLKATA
Before: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]
ORDER / आदेश Per Pradip Kumar Choubey, JM:
This is the appeal preferred by the assessee against the order of Commissioner of Income Tax (Appeal)-27, Kolkata (hereinafter referred to as the Ld. CIT(A)] dated 08.01.2024 for AY 2015-16.
Assessment Year: 2015-16 Biswanath Hosiery Mills Pvt. Ltd. 2. At the time of hearing, it was pointed out that the assessee has already gone into Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) and therefore, prayed before the Bench that the assessee may be allowed to withdraw this appeal to which the ld. DR did not oppose.
Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order is pronounced in the open court on 6th May, 2025
Sd/- Sd/- (Sanjay Awasthi /संजय अव�थी) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 6th May, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Biswanath Hosiery Mills Ltd., 39, Shree Centre, Kali Krishna Tagore Street, Malapara, Kolkata- 700007 2. Respondent – CIT(A)-27, Kolkata 3. Ld. Pr. CIT- , Kolkata 4. DR, Kolkata Benches, Kolkata (sent through e-mail)