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Facts
The assessee filed an appeal against the Commissioner of Income Tax (Appeal) order for AY 2014-15. During the hearing, it was informed that the assessee had opted for the Vivad Se Vishwas Scheme 2024 by filing form no. 1 with the competent authority.
Held
The assessee requested to withdraw the appeal, which was not opposed by the Ld. DR. The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to revive it by filing a miscellaneous application if the VSVS-24 application proves unsuccessful.
Key Issues
Whether an appeal should be dismissed as withdrawn due to the assessee's participation in the Vivad Se Vishwas Scheme 2024.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Pradip Kumar Choubey&Shri Rakesh Mishra]
ORDER / आदेश Per Pradip Kumar Choubey, JM:
This is the appeal preferred by the assessee against the order of Commissioner of Income Tax (Appeal)- NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 13.12.2022 for AY 2014-15.
Assessment Year: 2014-15 Umang Commo Trade pvt. Ltd. 2. At the time of hearing, it was pointed out that the assessee has already gone into Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) by filing form no.1, with the competent authority and therefore, prayed before the Bench that the assessee may be allowed to withdraw this appeal to which the ld. DR did not oppose.
Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for any reason, whatsoever.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order is pronounced in the open court on 30th January, 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: 30th January, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Umang Commo Trade Pvt. Ltd., 2nd Floor, Room No. 2B, 56 Metcalfe Street, Bowbazar, Kolkata-700013 2. Respondent – ITO, Ward-1(3), Kolkata 3. Ld. CIT(A)- NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)