C.L.AGARWAL CHARITABLE TRUST,KOLKATA vs. ITO, WARD 1(1)EXEMPTION, KOLKATA

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ITA 904/KOL/2024Status: DisposedITAT Kolkata17 March 2025AY 2015-16Bench: Shri Duvvuru RL Reddy (Vice President)3 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. However, it granted the assessee liberty to revive the appeal by filing a miscellaneous application if the assessee is unsuccessful in the Vivad Se Vishwas Scheme for any reason.

What were the facts?

The assessee filed an appeal against an order of the Addl./JCIT(Appeals). During the hearing, the assessee's counsel informed the tribunal that the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and filed necessary declarations, but Form 2 had not yet been issued.

What were the issues?

Whether an appeal should be dismissed with liberty to revive when the assessee has opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, but the process is not yet complete.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA

Before: Shri Duvvuru RL Reddy, Vice-(KZ)

Appearances by: Shri Kashi Prasad, Office staff of A.R., appeared on behalf of the assessee Shri Susanta Saha, Addl. CIT, appeared on behalf of the Revenue Date of concluding the hearing: March 10, 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. Addl./JCIT(Appeals), Aurangabad dated 15th February, 2024 passed for Assessment Year 2015-16.

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- 1 (A.Y. 2015-2016) C.L. Agarwal Charitable Trust 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.

3.

On the other hand, ld. Departmental Representative argued that the matter be dismissed by upholding the order of ld. CIT(Appeals).

4.

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.

5.

In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 17/03/2025.

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