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Facts
The assessee, Astbhuja Dealtrade Pvt. Limited, filed an appeal against an order of the ld. Commissioner of Income Tax (Appeals)-1 for Assessment Year 2014-15. During the hearing, the assessee submitted a letter stating they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSVS 2024) and requested to withdraw the appeal.
Held
The Tribunal dismissed the appeal as withdrawn, noting that the Departmental Representative did not oppose the withdrawal. The assessee was granted liberty to revive the appeal by filing a miscellaneous application if the DTVSVS 2024 settlement proves unsuccessful for any reason.
Key Issues
Whether the appeal, filed against a CIT(A) order, should be dismissed as withdrawn due to the assessee's participation in the Direct Tax Vivad Se Vishwas Scheme, 2024, with a provision for revival if the scheme is unsuccessful.
Sections Cited
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Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA
Before: Shri Duvvuru RL Reddy, Vice-(KZ)
Assessment Year: 2014-2015 Astbhuja Dealtrade Pvt. Limited,…….…………Appellant C/o. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suie-213, 2nd Floor, Kolkata-700069 [PAN:AAKCA2106J] -Vs.- Income Tax Officer,………………….…………...Respondent Ward-1(4), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances by: Shri Miraj D. Shah, A.R., appeared on behalf of the assessee Shri L.N. Dash Addl. CIT, D.R., appeared on behalf of the Revenue Date of concluding the hearing: January 22, 2025 Date of pronouncing the order: January 30, 2025 O R D E R
The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals)-1, Kolkata dated 28th June, 2018 passed for Assessment Year 2014- 15.
(A.Y. 2014-2015) Astbhuja Dealtrade Pvt. Limited
At the time of hearing, Director of the assessee-company has submitted a letter dated 21st January, 2025 stating that the assessee has already gone into Direct Tax Vivad Se Vishwas Scheme, 2024 (‘DTVSVS 2024’ Scheme) by filing Declaration in Form No. 1 and Form 2, with the Competent Authority and therefore, prayed before the Bench that the assessee may be allowed to withdraw this appeal.
On the other hand, ld. Departmental Representative did not oppose to withdraw the appeal.
I have heard the rival submissions and perused the material available on record. By considering the totality of the facts and circumstances of the case, I dismiss the appeal of the assessee 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 of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 30/01/2025.