CITY HOSPITAL,KOLHAPUR vs. INCOME TAX OFFICER, KOLHAPUR

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ITA 1494/PUN/2024Status: DisposedITAT Pune30 January 2025Bench: DR.MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)4 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. It was clarified that if the Vivad Se Vishwas application is rejected, the assessee can move a miscellaneous application for recalling the appeal.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2018-19. The assessee later sought to withdraw the appeal, having opted for the Vivad Se Vishwas Scheme, 2024.

What were the issues?

Whether the assessee can withdraw an appeal filed before the Tribunal after opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCHES “A”, PUNE

Before: DR.MANISH BORAD & SHRI VINAY BHAMORE

For Appellant: Shri Pramod S.Shingte
For Respondent: Shri Ramnath P. Murkunde
Hearing: 28.01.2025Pronounced: 30.01.2025

आदेश / ORDER

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

1.

The captioned appeal pertaining to the Assessment Year 2018-19 at the instance of assessee is directed against the order dated 07.05.2024 passed by CIT(A), Pune-11 u/s.250 of the Income-Tax Act, 1961 (in short ‘the Act’ which inturn is arising out of the Assessment order dated 30.12.2019 passed u/s.143(1) of the Act.

2.

At the outset, we find the assessee has filed a letter dated 13.01.2025 seeking withdrawal of the appeal on the ground that it had filed application under Vivad Se Vishwas Scheme, 2024 and Form No.2 has been issued by the PCIT. The contents of said letter read as under :

“We have opted for settling the dispute in the appeal under VSVS- 2024 by filing declaration in Form-1. We have accordingly been issued Form-2 by the PCIT. We hereby withdraw the impugned appeal in accordance with the scheme which may kindly be allowed.”

3.

Ld. Departmental Representative has no objection for withdrawal of the appeal filed by the assessee. We therefore allow the request of the assessee to withdraw the appeal filed by it. However, it is made clear that in case the application of assessee is rejected under Vivas Se Vishwas Scheme, 2024 for any reason, the assessee is at liberty to move a Miscellaneous Application for recalling of the appeal in accordance with law.

4.

In the result, the appeal of the assessee is dismissed as ‘Withdrawn’.

Order pronounced on this 30th day of January, 2025.

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