Loading judgment…
Facts
The assessee, Shri Radha Krishna Ferro Alloys Pvt. Ltd., filed an appeal against the CIT(A)'s order for AY 2012-13. During the hearing, it was informed that the assessee had opted for the Vivad Se Vishwas Scheme 2024 and therefore requested to withdraw the present appeal.
Held
The tribunal allowed the assessee's request and dismissed the appeal as withdrawn. However, it granted liberty to the assessee to file a miscellaneous application to revive the appeal if the VSVS-24 scheme is not successful for any reason.
Key Issues
The key issue was whether to permit the assessee to withdraw its appeal due to its participation in the Vivad Se Vishwas Scheme 2024, and to provide for its potential revival if the scheme fails.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM:
This is the appeal preferred by the assessee against the order of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 30.09.2024 for AY 2012-13.
Assessment Year: 2012-13 Shri Radha Krishna Ferro Alloys Pvt. Ltd. 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.
Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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In the result, the appeal filed by the assessee is dismissed as withdrawn.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 26th February, 2025
Sd/- Sd/- (Rajesh Kumar /राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 26th February, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Shri Radha Krishna Ferro Alloys Pvt. Ltd., 77/79, N. S. Road, 4th Floor, Dalhousie, Kolkata-700001 2. Respondent – ITO, Ward-5(1), Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)