KANODIA VYAPAR COMPANY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 9(1), KOLKATA

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ITA 2015/KOL/2024Status: DisposedITAT Kolkata12 February 2025AY 2016-2017Bench: SHRI SONJOY SARMA (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Income Tax Appellate Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's participation in the Vivad se Vishwas Scheme. The Tribunal noted that appeals are deemed withdrawn as per Section 91(2) and (3) of the Scheme upon filing of declaration, and granted the assessee liberty to seek restoration via a Miscellaneous Application if needed.

What were the facts?

The assessee filed an appeal before the Income Tax Appellate Tribunal against the CIT(A)'s order, which originated from an assessment order under Section 147 of the Income Tax Act for AY 2016-17. During the hearing, the assessee informed the tribunal that it had availed the Vivad se Vishwas Scheme, 2024, and sought to withdraw the appeal.

What were the issues?

The primary issue before the Tribunal was whether to allow the withdrawal of the appeal and dismiss it as withdrawn, given the assessee's election to settle the dispute under the Vivad se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 147,Section 250,Section 91(2),Section 91(3),Section 92(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA

order

: February 12th, 2025 ORDER

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

1.

This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act,

3.

As per S. No. 10 of the Guidance Note 1/2024 on provisions of the Direct Tax Vivad se Vishwas Scheme, 2024 dated 15th October, 2024, it is mentioned that as per section 91(2) of the Scheme, after filing of declaration, appeals before ITAT/CIT(A)/JCIT(A) are deemed to be withdrawn from the date of issue of certificate by the Designated Authority. Further as per section 91(3) of the Scheme, the taxpayer is required to withdraw appeals and furnish proof thereof along with intimation of payment u/s 92(2) of the Scheme. Since the assessee has requested for withdrawal of the appeal, it is permitted to withdraw the same and the appeal is dismissed as withdrawn. However, if the subsequent facts warrant that the appeal should be heard on merits, the assessee shall be at liberty to file a Miscellaneous Application for restoration of the appeal.

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