ORANGESTONE ADVISORS PRIVATE LIMITED,RABINDRA SARANI, KOLKATA vs. I.T.O., WARD 6(3), KOLKATA

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ITA 2301/KOL/2024Status: DisposedITAT Kolkata19 February 2025Bench: the Bench that the case may be adjourned till the VSVS process is complete. It is seen that as per the VSVS the assessee has to withdraw his appeal as per the scheme.1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to revive it if the Vivad Se Vishwas scheme was unsuccessful.

What were the facts?

The assessee opted for the Vivad Se Vishwas Scheme 2024 and requested an adjournment of the appeal hearing until the scheme process was complete. As per the scheme, the assessee must withdraw their appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA

Appearances by: Assessee represented by : None (Letter to Intimate Opting DTVSV) Department represented by : Anindya Kumar Bandopadhyay, Addl. CIT Date of concluding the hearing : 18.02.2025 Date of pronouncing the order : 19.02.2025

ORDER PER SANJAY AWASTHI, ACCOUNTANT MEMBER:

1.

The present appeal arises from the order of the Ld. Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the “Ld. CIT(A)”], dated 23.08.2024 for the AY 2011-12.

M/s Orangestone Advisors Private Limited 1.1 At the time of hearing, it was pointed out that the assessee has already opted for Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) by filing Forms No.1 with the competent authority. The assessee has, therefore prayed before the Bench that the case may be adjourned till the VSVS process is complete. It is seen that as per the VSVS the assessee has to withdraw his appeal as per the scheme.

2.

Accordingly, we are dismissing this appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS- 2024, for any reason, whatsoever.

3.

In the result, the appeal of the assessee is dismissed, as withdrawn.

Order pronounced in the court on 19.02.2025

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