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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.
Held
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.
Key Issues
Whether the appeal should be kept pending or disposed of when the assessee has opted for the Vivad Se Vishwas Scheme 2024.
Sections Cited
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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
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)