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Facts
The assessee filed an appeal against the order of the CIT(Appeals) for AY 2015-16. The assessee stated that they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 and requested to withdraw the appeal.
Held
The Tribunal noted the assessee's submission regarding the Vivad Se Vishwas Scheme and the DR's argument for dismissal. The Tribunal dismissed the appeal with liberty to the assessee to seek revival if the scheme outcome is not successful.
Key Issues
Whether the assessee can withdraw the appeal after opting for the Direct Tax Vivad Se Vishwas Scheme?
Sections Cited
91
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA
Before: Shri Duvvuru RL Reddy, Vice-(KZ)
Assessment Year: 2015-2016 Tarun Koley,………………………………...………Appellant S/o. Manindra Nath Koley, Parbatipur, Tamluk, Purba Medinipur-721636, W.B. [PAN:AEYPK0244C] -Vs.- Income Tax Officer,………………….…………...Respondent Ward-27(3), Haldia, Basudevpur, Talpukur, Khanjan Chak, Haldia, Purba Mednipur-721101, W.B. Appearances by: Shri Sonal Jalan, A.R., appeared on behalf of the assessee Shri Kallol Mistry, JCIT, Sr. D.R. appeared on behalf of the Revenue Date of concluding the hearing: February 27, 2025 Date of pronouncing the order: March 17, 2025 O R D E R
The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 21st October, 2024 passed for Assessment Year 2015-16.
(A.Y. 2015-2016) Tarun Koley 2. At the time of hearing, the ld. Counsel for the assessee has stated that the assessee has already gone into Direct Tax Vivad Se Vishwas Scheme, 2024 (‘DTVSVS 2024’ Scheme) by filing Declaration under sub-section (1) and undertaking under sub- section (4) of section 91 of the Finance (No.2) Act, 2024 in Form No. 1 (under the Direct Tax Vivaad Se Vishwas Scheme, 2024) with the Competent Authority and Form 2 has not been issued by the Department yet and therefore, prayed before the Bench that the assessee may be allowed to withdraw this appeal.
On the other hand, ld. Departmental Representative argued that the matter be dismissed by upholding the order of ld. CIT(Appeals).
I have heard the rival submissions and perused the material available on record. By considering the totality of the facts and circumstances of the case, I dismiss the appeal of the assessee 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 of the assessee is dismissed. Order pronounced in the open Court on 17/03/2025.