D.C.I.T./A.C.I.T., CIRCLE - 7(1), KOLKATA vs. ANTHER VINIMAY PRIVATE LIMITED, KOLKATA

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ITA 2279/KOL/2024Status: DisposedITAT Kolkata26 February 2025AY 2013-20142 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that since the assessee had opted for the VSVS to settle the dispute, it was unnecessary to keep the appeal pending for adjudication. Therefore, the appeal filed by the revenue was disposed of, with liberty granted to the revenue to revive it if the VSVS-24 outcome is not favorable.

What were the facts?

The revenue filed an appeal against the order of the Commissioner of Income Tax (Appeal) for AY 2013-14. During the hearing, the assessee's representative informed the tribunal that the assessee had opted for the Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) by filing Form No. 1 and requested an adjournment.

What were the issues?

Whether the appeal should be kept pending or disposed of when the assessee has opted for the Vivad Se Vishwas Scheme 2024.

Which sections of the Income-tax Act were involved?

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 revenue against the order of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 13.09.2024 for AY 2013-14. 2. At the time of hearing, it has been argued by the A/R that assessee has opted to for Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) by filing form no.1, with

3.

Since, assessee has opted VSVS to settle their dispute it is needless to keep the appeal pending for adjudication, Hence, we are disposing the appeal of the revenue with the liberty to the revenue to get the appeal revived by filing necessary miscellaneous application if no result comes in the VSVS-24, for any reason, whatsoever.

In the result, the appeal filed by the revenue is disposed of in the light of above observation.

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- ACIT 2. Respondent – Anther Vinimay Pvt. Ltd., 5F, Everest, 46/Chowringhee Road, Shakespeare Sarani, Kolkata-700071 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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