RISHABH KUMAR LOHIA MEMORIAL TRUST,KANPUR vs. ITO( EXAMPTION), KANPUR

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ITA 15/LKW/2024Status: DisposedITAT Lucknow07 February 2025AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had applied for withdrawal of the appeal, citing its decision to opt for the Vivad Se Viswas Scheme-2024. The assessee had submitted the relevant certificates (Form No. 1 and Form No. 2) as proof of opting for the scheme. The Revenue's representative did not object to the withdrawal. In light of these submissions and the lack of objection from the Revenue, the Tribunal allowed the assessee's request to withdraw the appeal. The Tribunal also clarified, by way of abundant caution, that the assessee would be at liberty to approach the Tribunal for restoration of the appeal if it is found that the issue in dispute in the present appeal is not settled under the Vivad Se Viswas Scheme. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The assessee, Rishabh Kumar Lohia Memorial Trust, filed an appeal (I.T.A. No.15/Lkw/2024) for assessment year 2013-14 against the appellate order dated 01/01/2024 passed by the Commissioner of Income Tax (Appeals). The appeal was listed for hearing. During the hearing, the assessee submitted an application dated 01/02/2025 requesting to withdraw the appeal. The reason for withdrawal was that the assessee had opted for the Vivad Se Viswas Scheme-2024 (VSVS). The assessee had obtained certificates in Form No. 1 (dated 07/01/2025) and Form No. 2 (dated 16/01/2025) under the scheme. The Revenue's representative (Addl. CIT) expressed no objection to the withdrawal.

What were the issues?

1. Whether the assessee is permitted to withdraw the appeal on account of opting for the Vivad Se Viswas Scheme-2024? (Question of procedure/law) Assessee's contention: The assessee contended that it had opted for the Vivad Se Viswas Scheme-2024 and had received the necessary certificates, and therefore, sought permission to withdraw the present appeal. Revenue's contention: The Revenue's representative (Addl. CIT) expressed no objection to the assessee's request for withdrawal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH A, LUCKNOW

Before: SHRI ANADEE NATH MISSHRA & SHRI SUBHASH MALGURIA

2013-14 against impugned appellate order dated 01/01/2024 (DIN & Order No.ITBA/NFAC/S/250/2023- 24/1059261270(1) of Commissioner of Income Tax (Appeals) [“CIT(A)”] for short].

(B) During the course of hearing, it was noticed that the assessee has submitted an application dated 01/02/2025 requesting the Bench that since the assessee has opted for Vivad Se Viswas Scheme-2024 “(VSVS” for short) and designated authority has issued certificate in Form No. 1 on 07/01/2025 and Form No. 2 on 16/01/2025, the assessee may be permitted to withdraw the present appeal. Copy of Form No. 1 and Form 2 were also enclosed. Learned D.R. expressed no objection. In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.

(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 07/02/2025)

Sd/. Sd/. (ANADEE NATH MISSHRA) ( SUBHASH MALGURIA ) Accountant Member Judicial Member Dated:07/02/2025 *Singh

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