NAVNEET BAJAJ L/H OF TARA DEVI BAJAJ,KOLKATA vs. ITO, KOLKATA

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ITA 952/KOL/2023Status: DisposedITAT Kolkata03 February 2025AY 2015-16Bench: Shri Pradip Kumar Choubey (Judicial Member), Shri Rakesh Mishra, Accountant Member] I.T.A. Nos.951 & 952/Kol/2023 Assessment Years: 2014-15 & 2015-16 | Navneet Bajaj (L/H of Tara Devi Bajaj) | Vs. | ITO, Ward-49(1), Kolkata | |---|---|---| | (PAN: AGZPB 5233 D) | | | | Appellant / (अपीलार्थी) | | Respondent / प्रत्यर्थी | | Date of Hearing / सुनवाई की तिथि | 30.01.2025 | |---|---| | Date of Pronouncement/ आदेश उद्घोषणा की तिथि | 03.02.2025 | | For the assessee / निर्धारिती की ओर से | Shri P2 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal dismissed both appeals as withdrawn, as the assessee had opted for the 'Vivad Se Vishwas Act, 2020' scheme. Liberty was granted to the assessee to revive the appeals if she is unsuccessful in the VSVS-24 scheme for any reason.

What were the facts?

The assessee filed appeals against separate orders of the Ld. CIT(A) for Assessment Years 2014-15 & 2015-16. During the proceedings, the assessee informed the tribunal that she has opted for the 'Vivad Se Vishwas Act, 2020' scheme and has received Form 3 from the competent authority.

What were the issues?

Whether the appeals should be dismissed as withdrawn when the assessee has opted for the 'Vivad Se Vishwas Act, 2020' scheme.

Which sections of the Income-tax Act were involved?

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.

2.

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.

3.

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)

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