M/S. NEWJET TREXIM PVT. LTD., ,KOLKATA vs. ITO, WARD - 6(1), KOLKATA

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ITA 2000/KOL/2024Status: DisposedITAT Kolkata07 February 2025AY 2013-14Bench: 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 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.2 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The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to seek its revival by filing a miscellaneous application if the VSVS 2024 Scheme resolution is unsuccessful for any reason. This dismissal is contingent on the VSVS scheme requiring the withdrawal of the appeal.

What were the facts?

The appeal, concerning AY 2013-14, challenged an order from the Ld. CIT(A)/NFAC, Delhi. During the hearing, the assessee informed the Tribunal that they had opted for the Vivad Se Vishwas Scheme 2024 and requested to withdraw the appeal.

What were the issues?

Whether an appeal should be dismissed as withdrawn given the assessee's participation in the Vivad Se Vishwas Scheme 2024, and whether conditional withdrawal with liberty to revive is permissible.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH” KOLKATA

Appearances by: Assessee represented by : Piyush Lakhotia, AR Department represented by : Rajat Mitra, CIT-DR Date of concluding the hearing : 05.02.2025 Date of pronouncing the order : 07.02.2025

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 16.07.2024 for the AY 2013-14. 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 M/s Newjet Trexim Pvt. Ltd. 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 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.

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 07.02.2025

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