PRADEEP KANODIA HUF,DELHI vs. INCOME TAX OFFICER WARD 31(4), KOLKATA

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ITA 1132/KOL/2024Status: DisposedITAT Kolkata18 February 2025AY 2015-16Bench: this 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 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 for availing benefit under the scheme.3 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn. However, it granted the assessee liberty to revive the appeal by filing a miscellaneous application if the settlement under the Vivad Se Vishwas Scheme 2024 is unsuccessful for any reason.

What were the facts?

The assessee filed an appeal against a CIT(A) order for AY 2015-16. Subsequently, the assessee opted for the Vivad Se Vishwas Scheme 2024, filed Form 1, and received Form 3, requesting to withdraw the appeal before the Tribunal.

What were the issues?

Whether an appeal before the Income Tax Appellate Tribunal can be dismissed as withdrawn based on the assessee's participation in the Vivad Se Vishwas Scheme 2024, with a provision for subsequent revival if the scheme's settlement fails.

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 Department represented by : Anindya Kumar Bandopadhyay, Addl. CIT, Sr. DR Date of concluding the hearing : 17.02.2025 Date of pronouncing the order : 18.02.2025

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 22.03.2024 for the AY 2015-16. 1.1 At the time of hearing, none appeared on behalf of the assessee. Though through letter dated 23.12.2024, it was pointed out that the Pradeep Kanodia, HUF assessee has already opted for Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) by filing Form No.1 with the competent authority. Thereafter, a Form 3 certificate has also been issued. Accordingly, it has been prayed before this 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 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 for availing benefit under 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 18.02.2025

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