FASTSPEED CREATION PRIVATE LIMITED,KOLKATA vs. INCOME TAX OFFICER, WARD 7(3), KOLKATA

PDF · subscribers
ITA 1609/KOL/2024Status: DisposedITAT Kolkata09 April 2025AY 2012-13Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey, Judicial Member] Ι.Τ.Α. No. 1609/Kol/2024 Assessment Year: 2012-13 | | | | |:---|:---:|:---| | Fastspeed Creation Pvt. Ltd. | Vs. | ITO, Ward- 7(3), Kolkata | | (PAN: AABCF 9210 H) | | | | Appellant / (अपीलार्थी) | | Respondent / प्रत्यर्थी | | Date of Hearing / सुनवाई की तिथि | 08.04.2025 | | | Date of Pronouncement/ आदेश उ‌द्घोषणा की तिथि | 09.04.2025 | | | For the assessee / निर्धारिती की ओर से | Shri Amit Agarwal. Advocat2 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The Tribunal dismissed the appeal as withdrawn. It granted the assessee the liberty to revive the appeal by filing a miscellaneous application, in case the assessee is not successful in the VSVS-24 scheme for any reason.

What were the facts?

The assessee filed an appeal against the order of the Ld. CIT(A) for AY 2012-13. During the hearing, the assessee informed the Tribunal that they had opted for the Vivad Se Vishwas Scheme 2024 and sought to withdraw the appeal, which the Ld. DR did not object to.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee opts for the Vivad Se Vishwas Scheme, and if liberty should be granted to revive it upon failure of the scheme.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

ORDER / आदेश Per Rajesh Kumar, AM: This is the appeal preferred by the assessee against order of Commissioner of Income Tax (Appeals)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 30.09.2023 for AY 2012-13. 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

3.

Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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In the result, the appeal filed by the assessee is dismissed as withdrawn.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 9th April, 2025

Sd/- Sd/- ( Pradip Kumar Choubey /�द�प कुमार चौबे) (Rajesh Kumar/राजेश कुमार) Judicial Member/�या�यक सद�य Accountant Member/लेखा सद�य Dated: 9th April, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Fastspeed Creation pvt. Ltd., DC-90/1, Narayan Talla (W), Ground Floor, Maharaja Apartment, Kolkata-700059 2. Respondent – ITO, Ward-7(3), Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. PCIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

Recent GST High Court judgments

Search GST case law →