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

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The Income Tax Appellate Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's participation in the Vivad se Vishwas Scheme. The Tribunal noted that appeals are deemed withdrawn as per Section 91(2) and (3) of the Scheme upon filing of declaration, and granted the assessee liberty to seek restoration via a Miscellaneous Application if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The primary issue before the Tribunal was whether to allow the withdrawal of the appeal and dismiss it as withdrawn, given the assessee's election to settle the dispute under the Vivad se Vishwas Scheme, 2024.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

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

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, I.T.A. No.: 2015/KOL/2024 Assessment Year: 2016-17 Kanodia Vyapar Company Pvt. Ltd. 1961 (hereinafter referred to as “the Act”) for AY 2016-17 dated 01.08.2024, which has been passed against the order u/s 147 of the Act, dated 14.05.2023. 2. At the outset, on 12.02.2025 it was inform

The order continues below.

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