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Facts
The assessee preferred an appeal against the order of the Commissioner of Income Tax (Appeal). The assessee's counsel submitted that the assessee wished to opt for the VSVS scheme to settle the matter.
Held
The Tribunal directed the assessee to file an application under the VSVS scheme and instructed the department to process the application as per law.
Key Issues
Whether the assessee can opt for the VSVS scheme to settle the matter. Whether the department should entertain such an application.
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)-Addl./JCIT(A)-1, Jaipur (hereinafter referred to as the Ld. CIT(A)] dated 27.06.2024 for AY 2012-13.
The Ld. Counsel instead of entering into the merits of the case has submitted that the assessee wants to opt VSVS scheme to settle their matter and his prayer is to direct Assessment Year: 2012-13 Urmila Tantia the Department to entertain his application. The Ld. Counsel in this context relied on the following judgments of Hon’ble High Courts and CBDT Circular: i) PCIT vs. Nalanda Builders Pvt. Ltd. ITAT: 232/2024 [dt. 08.11.2024] Hon’ble Calcutta High Court ii) Naveen Kumar Aggarwal vs. CBDT, WP(c ) 17014/2024 and CM Appeals. 72115- 16/2024 [Dt. 09.12.2024] Hon’ble Delhi High Court iii) PCIT vs. Asish Kumar Ghosh WPA / 18282/2021 ITA No. : 2/2021 [Dt. 01.04.2022] Hon’ble Calcutta High Court iv) CBDT Circular No. 19 of 2024 dated 15.10.2024 [F. No. 370142/22/2024-TPL] v) CBDT Circular No. 12 of 2024 dated 16.12.2024 [F. No. 370142/22/2024-TPL]
The Ld. D. R did not raise any objection.
Keeping in view the above cited decision, we are inclined to pass an order thereby directing the assessee to file an application under the provision of VSVS and the department shall process the application in accordance with law.
In the result, the appeal filed by the assessee is dismissed on the above grounds, however if the assessee fails he may file application for restoration of the instant appeal.
Order is pronounced in the open court on 23rd 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: 23rd January, 2025 SM, Sr. PS Assessment Year: 2012-13 Urmila Tantia Copy of the order forwarded to: 1. Appellant- Urmila Tantia, Sadarpara, Purulia HO, Purulia-1, Purulia-723101 2. Respondent – ITO, Ward-3(4), Asansol 3. Ld. CIT(A)-Addl/JCIT(A)-1, Jaipur 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)