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Facts
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the Assessment Year 2017-18. During the hearing, it was brought to the attention of the bench that the assessee had already opted for the Vivad Se Vishwas Scheme 2024 (VSVS 2024) by filing Form No. 1.
Held
The Tribunal dismissed the appeal as withdrawn, granting the assessee the liberty to file a miscellaneous application to revive the appeal if the VSVS-24 scheme application is unsuccessful for any reason. The revenue's representative did not oppose the withdrawal.
Key Issues
Whether an appeal can be withdrawn by the assessee after opting into the Vivad Se Vishwas Scheme 2024, with the option to revive the appeal if the scheme application fails.
Sections Cited
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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)- 27, Kolkata (hereinafter referred to as the Ld. CIT(A)] dated 20.09.2024 for AY 2017-18.
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 Assessment Year: 2017-18 Manjira Banerjee 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Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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In the result, the appeal filed by the assessee is dismissed as withdrawn.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- Manjira Banerjee, FE 216, Sector-3, Bidhannagar, IB Market-700106 2. Respondent – Ld. CIT(A)-27, Kolkata 3. Ld. Pr. CIT- , Kolkata 4. DR, Kolkata Benches, Kolkata (sent through e-mail)