SUCCESS VYAPAAR PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(1), KOLKATA, KOLKATA
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,
1961 (hereinafter referred to as “the Act”) for AY 2010-11 dated
12.06.2024, which has been passed against the intimation order u/s 147/143(3) of the Act, dated 26.09.2017. I.T.A. No.: 1742/KOL/2024
Assessment Year: 2010-11
Success Vyapaar Pvt. Ltd.
2. At the outset, it was informed by the Ld. AR vide letter dated
03.02.2025 that the assessee has availed the Vivad se Vishwas, 2024
scheme. Since the assessee has opted for the Vivad Se Vishwas
Scheme, hence the present appeal is infructuous and needs to be withdrawn. The Ld. DR did not object to the withdrawal of the appeal.
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as per section 91(2) of the Scheme, after filing of declaration, appeals before ITAT/CIT(A)/JCIT(A) are deemed to be withdrawn from the date of issue of certificate by the Designated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has requested for withdrawal of the appeal, he is permitted to withdraw the same and the appeal is dismissed as withdrawn.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.
4. In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 6th February, 2025. [Sonjoy Sarma]
[Rakesh Mishra]
Judicial Member
Accountant Member
Dated: 06.02.2025
Bidhan (P.S.)
I.T.A. No.: 1742/KOL/2024
Assessment Year: 2010-11
Success Vyapaar Pvt. Ltd.
Copy of the order forwarded to:
Success Vyapaar Pvt. Ltd., 9A, 9th Floor, Poonam Building, 5/2, Russel Street, Park Street, Kolkata, West Bengal, 700071. 2. I.T.O., Ward-6(1), Kolkata. 3. CIT(A)-NFAC, Delhi. 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. 6. Guard File. //// By order