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Facts
The assessee filed an appeal against an order of the CIT(A) passed under Section 250 for AY 2017-18, which arose from an assessment order under Section 143(3). During the proceedings, the assessee informed the Tribunal that they had opted for the Direct Tax Vivad se Vishwas Scheme, 2024, and requested to withdraw the appeal.
Held
Citing the provisions of the Direct Tax Vivad se Vishwas Scheme, 2024, the Tribunal allowed the assessee's request to withdraw the appeal, noting that appeals are deemed withdrawn upon declaration. The appeal was dismissed as withdrawn, with a provision for restoration under specific circumstances.
Key Issues
Whether the appeal filed before the Income Tax Appellate Tribunal should be dismissed as withdrawn following the assessee's decision to opt for the Direct Tax Vivad se Vishwas Scheme, 2024.
Sections Cited
250, 143(3)
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Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
PER BENCH: This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2017-18 dated 21.06.2023, which has been passed against the assessment order u/s 143(3) of the Act, dated 17.12.2019. I.T.A. No.: 1506/KOL/2024 Assessment Year: 2017-18 Chittaranjan Locomotive Works Cooperative Credit Society Limited.
At the outset, it was informed by the Ld. AR that the assessee has availed the Vivad se Vishwas Scheme, 2024. Since the assessee has opted for the Vivad Se Vishwas Scheme, hence the present appeal was requested to be withdrawn. The Ld. DR did not object to the withdrawal of the appeal.
As per S. No. 10 of the Guidance Note 1/2024 on provisions of the Direct Tax Vivad se Vishwas Scheme, 2024 dated 15th October, 2024, it is mentioned that as per section 91(2) of the Scheme, after filing of declaration, appeals before ITAT/CIT(A)/ JCIT(A) are deemed to be withdrawn from the date of issue of certificate by the Designated Authority. Further as per section 91(3) of the Scheme, the taxpayer is required to withdraw appeals and furnish proof thereof along with intimation of payment u/s 92(2) of the Scheme. Since the assessee has requested for withdrawal of the appeal, he is permitted to withdraw the same and the appeal is dismissed as withdrawn. However, if the subsequent facts warrant that the appeal should be heard on merits, the assessee shall be at liberty to file a Miscellaneous Application for restoration of the appeal.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on 4th March, 2025. [George Mathan] [Rakesh Mishra] Judicial Member Accountant Member Dated: 04.03.2025 Bidhan (P.S.) I.T.A. No.: 1506/KOL/2024 Assessment Year: 2017-18 Chittaranjan Locomotive Works Cooperative Credit Society Limited. Copy of the order forwarded to:
Chittaranjan Locomotive Works Cooperative Credit Society Limited, Administrative Building Compound, CLW, Office Road, Chittaranjan, West Bengal, 713331. 2. Assistant Commissioner, Circle-1, Asansol.
CIT(A)-NFAC, Delhi.
CIT-
CIT(DR), Kolkata Benches, Kolkata.
Guard File. //// By order