IMAGINE ENTERPRISES,LUCKNOW vs. PCIT, LUCKNOW, LUCKNOW

PDF · subscribers
ITA 71/LKW/2021Status: DisposedITAT Lucknow25 April 2025AY 2015-2016Bench: SHRI SUDHANSHU SRIVASTAVA (Judicial Member), SHRI ANADEE NATH MISSHRA (Accountant Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's application to withdraw the appeal, dismissing it as withdrawn and not maintainable because the assessee opted for the VSVS scheme. It was clarified that the assessee could seek restoration if the dispute was not settled under VSVS.

What were the facts?

The assessee filed an appeal for Assessment Year 2015-16 against an order of the Pr. Commissioner of Income Tax. The assessee subsequently submitted an application to withdraw the appeal as they were opting for the Vivad Se Viswas Scheme.

What were the issues?

Whether the assessee can withdraw an appeal to opt for the Vivad Se Viswas Scheme and if the appeal is maintainable if withdrawn under such circumstances.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW

Before: SHRI SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Devashish Mehrotra, Advocate

has been filed by the assessee for assessment year 2015-16 against impugned order dated 17/03/2021 (DIN & Order No.ITBA/REV/F/REV5/2020-21/101539008(1) of Pr. Commissioner of Income Tax.

(B) The assessee has submitted an application requesting the Bench that the assessee is in the process of settlement under Vivad Se Viswas Scheme- 2024 “(VSVS” for short) therefore, the assessee may be allowed to withdraw the appeal filed by the assessee. In view of the foregoing, the appeal of the assessee is dismissed as withdrawn and as not maintainable on account of assessee opting for VSVS.

Assessment Year:2015-16 2 (C) By way of abundant caution, we clarify that assessee will be at liberty to approach Income Tax Appellate Tribunal for restoration of appeal if it is found that the issue in dispute in present appeal is not settled under aforesaid VSVS.

(D) In the result, the appeal of the assessee is dismissed as withdrawn.

(Order was pronounced in the open court on 25/04/2025)

Recent GST High Court judgments

Search GST case law →