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Facts
The assessee, Anamika Capital Finance Pvt. Ltd., filed an appeal against the Commissioner of Income Tax (Appeal)-NFAC, Delhi's order dated 31.01.2024 for AY 2012-13. During the hearing, it was brought to the tribunal's notice that the assessee had opted for the Vivad Se Vishwas Scheme 2024.
Held
The tribunal, with no opposition from the Revenue, allowed the assessee to withdraw its appeal. The appeal was dismissed as withdrawn, with the liberty for the assessee to file a miscellaneous application to revive the appeal if the VSVS-24 process is unsuccessful for any reason.
Key Issues
Whether to permit the assessee to withdraw its appeal before the ITAT, given that it has opted for the Vivad Se Vishwas Scheme 2024.
Sections Cited
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Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA
Before: Shri Pradip Kumar Choubey& Shri Sanjay Awasthi]
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 31.01.2024 for AY 2012-13.
Assessment Year: 2012-13 Anamika Capital Finance Pvt. Ltd. 2. At the time of hearing, it came to our notice 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Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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In the result, the appeal filed by the assessee is dismissed as withdrawn.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/- (Sanjay Awasthi /संजय अव�थी) (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- Anamika Capital Finance Pvt. Ltd., 27, Weston Street, 5th Floor, Room no. 524, Kolkata-700012 2. Respondent – ITO, Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)