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Facts
The assessee, Kreeng Construction Pvt. Ltd., filed an appeal against an order from the Commissioner of Income Tax (Appeal)-NFAC for AY 2012-13. During the hearing, the assessee informed the tribunal that it had already opted for the Vivad Se Vishwas Scheme 2024 and filed Form No. 1, requesting to withdraw the appeal.
Held
The tribunal dismissed the appeal as withdrawn. However, it granted the assessee the liberty to file a necessary miscellaneous application to revive the appeal if the assessee's application under the Vivad Se Vishwas Scheme 2024 is unsuccessful for any reason.
Key Issues
Whether an appeal should be dismissed as withdrawn when the assessee opts for the Vivad Se Vishwas Scheme, with provisions for revival if the scheme application fails.
Sections Cited
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Income Tax Appellate Tribunal, “B” BENCH: KOLKATA
Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]
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 21.02.2024 for AY 2012-13.
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: 2012-13 Kreeng Construction Pvt. Ltd. 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Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for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In the result, the appeal filed by the assessee is dismissed as withdrawn.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/- (Rajesh Kumar/राजेश कुमार) (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- Kreeng Construction Pvt. Ltd., Malir Bagan, Cooks Compound, Purulia-723102, 2. Respondent – ITO, Ward-3(3), Purulia 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)