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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.
Held
The Tribunal dismissed the appeal as withdrawn.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.
Key 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Whether an appeal should be dismissed as withdrawn when the assessee opts for the Vivad Se Vishwas Scheme, and if liberty should be granted to revive it upon failure of the scheme.
Sections Cited
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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
Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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In the result, the appeal filed by the assessee is dismissed as withdrawn.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)