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Facts
The assessee, Navneet Bajaj, filed appeals against separate orders of the Commissioner of Income Tax (Appeal) for Assessment Years 2014-15 and 2015-16. Subsequently, the assessee opted for the "Vivad Se Vishwas Act, 2020" scheme and confirmed receiving Form 3, indicating the intention to withdraw the appeals.
Held
The Income Tax Appellate Tribunal dismissed both appeals as withdrawn, acknowledging the assessee's election to proceed under the Vivad Se Vishwas scheme. The Tribunal granted liberty to the assessee to revive the appeals by filing miscellaneous applications if the scheme's resolution is unsuccessful for any reason.
Key Issues
Whether appeals pending before the Tribunal should be dismissed as withdrawn when the assessee opts for and fulfills the initial requirements of the Vivad Se Vishwas Act, 2020, with a provision for revival.
Sections Cited
Vivad Se Vishwas Act, 2020, 4(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Pradip Kumar Choubey&Shri Rakesh Mishra]
(PAN: AGZPB 5233 D) ( अपीलाथ� ) Respondent / ��यथ� Appellant / Date of Hearing / सुनवाई 30.01.2025 क� �त�थ Date of Pronouncement/ 03.02.2025 आदेश उ�घोषणा क� �त�थ For the assessee / Shri Piyush Lakhotia, A.R �नधा�रती क� ओर से For the revenue / राज�व Shri Susanta Saha, Addl. CIT क� ओर से ORDER / आदेश Per Pradip Kumar Choubey, JM: These are the appeals preferred by the assessee against separate orders of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 13.12.2022 & 09.06.2023 for AY 2014-15 & 2015-16 respectively.
The assessee vides its letter dated 30.01.2025 submitted that she has opted for the scheme under “Vivad Se Vishwas Act, 2020” (hereinafter the Scheme). The & 952/Kol/2023 Assessment Years: 2014-15 & 2015-16 Navneet Bajaj L/H of Tara Devi Bajaj assessee has received Form number 3 from competent authority pursuant to assessee filing of Form nos. 1 and 2. Further the assessee submits that since the assessee has preferred to opt for the scheme, as per Section 4(2) of the “Vivad Se Vishwas Act, 2020”, the Revenue appeal should be deemed to have been withdrawn.
Hence, we are dismissing both the appeals as withdrawn with the liberty to the assessee to get the appeals revived by filing necessary miscellaneous applications if the assessee is not successful in the VSVS-24, for any reason, whatsoever.
In the result, both the appeals filed by the assessee are dismissed as withdrawn.
Order is pronounced in the open court on 3rd February 2025 Sd/- Sd/- (Rakesh Mishra /राकेश �म�) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 3rd February, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Navneet Bajaj (L/H of Tara Devi Bajaj), Block D, 3rd Floor, Seva Kunj, P 48/1, Bangur Avenue, 24 parganas (N), Kolkata-700055 2. Respondent – ITO, Ward-49(1), Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)