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Facts
The assessee, Saraswati Conclave Pvt. Ltd., filed an appeal against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi, for Assessment Year 2012-13. During the hearing, it was brought to the attention of the Bench that the assessee had opted for the Vivad Se Vishwas Scheme 2024.
Held
The Tribunal dismissed the appeal as withdrawn, as requested by the assessee and not opposed by the Ld. DR. The assessee was granted the liberty to revive the appeal by filing a miscellaneous application if the Vivad Se Vishwas Scheme 2024 is unsuccessful for any reason.
Key Issues
Whether the appeal should be allowed to be withdrawn given the assessee's participation in the Vivad Se Vishwas Scheme 2024.
Sections Cited
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 09.02.2024 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 the Bench that the assessee may be allowed to withdraw this appeal to which the ld. DR did not oppose.
Assessment Year: 2012-13 Saraswati Conclave Pvt. Ltd. 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 Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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In the result, the appeal filed by the assessee is dismissed as withdrawn.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. 1. Appellant- Saraswati Conclave Pvt. Ltd, 38, Vijay Lok, Mawana Road, Meerut- 250001.
2. Respondent – ITO, Ward-12(1), Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. PCIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)