CHITTARANJAN LOCOMOTIVE WORKS COOPERATIVE CREDIT SOCIETY LIMITED,CHITTARANJAN vs. ASSISTANT COMMISSIONER OF INCOME TAX , ASANSOL
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRAAssessment Year: 2016-17
Per Bench : This is an appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “the Ld. CIT(A)”] vide order no. ITBA/NFAC/S/250/2023-24/1053791241(1) dated 19.06.2023 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2016-17. 2. Shri Abhijit Banerjee, AR appeared on behalf of the assessee and Shri Sallong Yaden, Addl. CIT, DR appeared on behalf of the revenue.
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Chittaranjan Locomotive Works
Coop. Credit Society Ltd., AY: 2016-17
At the time of hearing, the Ld. AR has submitted that the assessee has availed Vivad-se-Vishwas Scheme, 2024 in respect of the impugned appeal. It has been brought to our notice that the assessee had availed the aforesaid scheme and has duly filed the declarations in Form No.1 and also received Form No. 2 and wants to withdraw the appeal so as to file Form No. 3. So, we note that the assessee is waiting to file the certificate in Form 3 so that Form No. 4 from the Designated Authority can be received. 4. However, we keeping in view the fact that the assessee had already filed declaration in Form 1 and has opted for the Dispute Resolution Scheme (supra), there is no purpose served in keeping this appeal pending before us. Accordingly, we treat this appeal as withdrawn expecting that the Designated Authority may issue certificate in Form No. 4 in accordance with law. However, in case, if the Designated Authority does not issue Form No. 4 as per section 92(2) r.w.s. 93 of the Scheme, then the assessee is at liberty to move appropriate application to recall this tribunal’s order. With this caveat, we dismiss the appeal of the assessee as withdrawn. 5. In the result, the appeal of assessee is dismissed as withdrawn. Order dictated and pronounced in the open court. (Rakesh Mishra) Judicial Member
Dated: 26th February, 2025
JD, Sr. P.S.
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Chittaranjan Locomotive Works
Coop. Credit Society Ltd., AY: 2016-17
Copy to:
1. The Appellant: Chittaranjan Locomotive Works Cooperative
Credit Society Limited.,
2. The Respondent. ACIT, Asansol
3. CIT(A), NFAC, Delhi
4. Pr. CIT
5. DR, ITAT, Kolkata Bench, Kolkata
6. Guard file.By Order