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Facts
The assessee had opted for the Vivad Se Vishwas Scheme 2024 and filed the necessary form. The assessee therefore prayed to withdraw the current appeal, with liberty to revive it if the VSVS settlement was unsuccessful.
Held
The Tribunal noted that the assessee was required to withdraw the appeal as per the VSVS scheme. Accordingly, the appeal was dismissed as withdrawn, with liberty granted to the assessee to seek revival of the appeal if the VSVS proceedings were not successful.
Key Issues
Whether the appeal should be dismissed as withdrawn in light of the assessee opting for the Vivad Se Vishwas Scheme?
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH” KOLKATA
Assessment Year: 2014-15 Income Tax Officer, Ward-32(1), Kolkata, 10B, Middleton Row, Kolkata – 700071 .....................…...…………….... Appellant vs. Ashok Kumar Bhotika, 5th Floor, Flat No. 5B, 19B, Ritchie Road, Ballygunge, Kolkata - 700019 [PAN: ADIPB6106F] ..............…..…..................... Respondent Appearances by: Assessee represented by : Miraj D. Shah, AR Department represented by : Sailen Samadder, Addl. CIT, Sr. DR Date of concluding the hearing : 11.02.2025 Date of pronouncing the order : 17.02.2025
ORDER PER SANJAY AWASTHI, ACCOUNTANT MEMBER:
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 09.08.2024 for the AY 2014-15. 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 Form No.1 with the competent authority and therefore, prayed before the Bench that the assessee may be allowed to withdraw the said appeal with the liberty to request for restoration of the matter in case the Ashok Kumar Bhotika assessee is not successful in settling the matter for some reason. It is seen that as per the VSVS the assessee has to withdraw his appeal as per the scheme.
Accordingly, we are dismissing this appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS- 2024,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.
In the result, the appeal of the revenue is dismissed, as withdrawn.
Order pronounced in the court on 17.02.2025