Loading judgment…
Facts
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals). The assessee's authorized representative requested to withdraw the appeal as the assessee was contemplating opting for the Direct Tax Vivad Se Vishwas Scheme, 2024.
Held
The Tribunal allowed the withdrawal of the appeal as the Departmental Representative did not oppose it. The assessee was granted liberty to revive the appeal if unsuccessful in the VSVS-24 scheme.
Key Issues
Whether the assessee can withdraw the appeal to opt for the Vivad Se Vishwas Scheme, and if so, under what conditions.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA
Before: Shri Duvvuru RL Reddy, Vice-(KZ)
Assessment Year: 2013-2014 Smt. Sanjana Agarwal,……………….…………Appellant C/o. M/s. Salarpuria Jajodia & Co., 7, C.R. Avenue, 3rd Floor, Kolkata-700072 [PAN:AFXPA4780R] -Vs.- Income Tax Officer,………………….…………...Respondent Ward-3(2), Purulia, Income Tax Office Building, Rachi Road, Souugh Lake Road, Purulia-723101, W.B. Appearances by: Shri Sujay Sen, 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 23, 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), National Faceless Appeal Centre (NFAC), Delhi dated 5th February, 2024 passed for Assessment Year 2013-14.
(A.Y. 2013-2014) Smt. Sanjana Agarwal 2. Ld. Authorized Representative of the assessee filed a letter dated 20th January, 2025 stating that the assessee is contemplating to opt for Direct Tax Vivad Se Vishwas Scheme, 2024 (‘DTVSVS 2024’ Scheme) and with a request to block the hearing for two months or till the formalities of the VSV is completed 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 By considering the totality of the facts and circumstances of the case, I dismiss the appeal of the assessee as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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.