ANIL KUMAR GUPTA,LUCKNOW vs. ITO-4(1), LUCKNOW

PER KUL BHARAT, VICE PRESIDENT.:

1. Because the Learned “CIT (Appeal)” failed to appreciate the full facts and the circumstances of the case while completing the assessment on Rs. 9,24,000/- against the returned income of Rs. 1,80,500/-.

2. Because the Learned officer and the ‘Learned CIT (Appeals) National Faceless Appeal Center’ erred is not providing reasonable and proper opportunity before completing the order.

3. Because the Learned officer and the ‘Learned CIT (Appeals) National Faceless Appeal Center’ erred both on facts and in law in making an addition of Rs. 7,43,500/- on account of addition by invoking the provision of under section 69A of the Income-tax Act 1961.

4. Because the Learned officer and the ‘Learned CIT (Appeals) National Faceless Appeal Center’ erred both on facts and in law in passing order against the settled judicial matter as pronounced by Hon‘ble ITAT before Shri Sandeep Singh Karhail, judicial member and Shri Gagan Goyal, accountant member ITA No.1102/Mum./2022 (Assessment Year : 2017-18) 5. Because the Learned officer and the ‘Learned CIT (Appeals) National Faceless Appeal Center, is without any merits and in simple based on mere hypothesis, conjuncture & surmises and needs to be cancelled and the income as returned by the appellant be accepted.

6. Because no proper reasons has been forwarded both by the assessing officer and by the Ld. CIT (Appeal) National Faceless Appeal Center. In making and confirming and has relied on wrong facts and based on presumption.

Page 2 of 3 7. Because order of the Learned CIT (Appeal) National Faceless Appeal Center is arbitrary, capricious, misconceived, erroneous and against the principal of natural justice. 8. Because the above grounds of appeal will be argued in detail at the time of hearing and the assessee craves leave to submit addition ground of appeal if any and/or amend, vary, modify, alter the grounds of appeal at or before the time of hearing.”

2. At the outset, the Ld. Counsel for the assessee submitted that the dispute has been settled under the Direct Tax Vivad se Vishwas Scheme, 2024 and prayed for withdrawal of the appeal. And a letter dated 20.01.2025 along with Form no. 3 is placed on record. The relevant contents of the letter dated 20.01.2025 is reproduced as under: -

“It is humbly requested before your honor that the date of hearing of the above mentioned appeal fixed for today may kindly be withdrawn as the appellant do not want to press appeal. As appellant go to Vivad se Vishwas Scheme 2024. So your honour that the appellant wanted to withdrawn his appeal due to Vivas se Vishwas Scheme 2024 form no. 3 are enclosed herewith for peruses verification.” 3. The Learned Departmental Representative has no objection for withdrawal of the appeal.