M/S. KOTHARI METALS LTD,KOLKATA vs. DY. CIT, CIRCLE- 7(1), KOLKATA, KOLKATA

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ITA 2323/KOL/2024Status: DisposedITAT Kolkata30 January 2025AY 2014-15Bench: Shri Pradip Kumar Choubey (Judicial Member), Shri Rakesh Mishra,Accountant Member] I.T.A. No. 2323/Kol/2024 Assessment Year: 2014-15 M/s Kothari Metals ltd. Vs. DCIT, Circle-7(1), Kolkata (PAN: AABCK 0820 C) Appellant / (अपीलार्थी) Respondent / प्रत्यर्थी Date of Hearing / सुनवाई की तिथि 15.01.2025 Date of Pronouncement/ 30.01.2025 आदेश उद्घोषणा की तिथि For the assessee / Shri Piyush Lakhotia, A.R निर्धारिती की ओर से For the revenue / राजस्व Shri Sailen Samadder, Addl. CIT Sr. D.R की ओर से 1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had gone into the Vivad Se Vishwas Scheme and prayed to withdraw the appeal, to which the DR did not object. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee preferred an appeal against the order of the CIT(A) for AY 2014-15. During the hearing, it was brought to the notice of the bench that the assessee had opted for the Vivad Se Vishwas Scheme, 2024.

What were the issues?

Whether the appeal can be dismissed as withdrawn when the assessee has opted for the Vivad Se Vishwas Scheme.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]

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 16.10.2024 for AY 2014-15.

Assessment Year: 2014-15 M/s Kothari Metals 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.

3.

Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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In the result, the appeal filed by the assessee is dismissed as withdrawn.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- M/s Kothari Metals Ltd., Ground Floor, Kothari Mansion, 20/1, Belvedere Road, Kolkata-700027 2. Respondent – DCIT, Circle-7(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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