ANKIT RUNGTA,BASTI vs. ITO, BASTI

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ITA 747/LKW/2024Status: DisposedITAT Lucknow23 January 2025AY 2015-16Bench: the Income Tax Department, vide acknowledgement No.780505850281224 dated 28.12.2024 has also been enclosed. It has been further submitted that the assessee has also deposited the tax due, vide Challan No.03167 dated 27.12.2024. The prayer of the assessee was that in view of the above, he may be permitted to withdraw the appeal.2 pages

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal, consigning it to the records. The assessee was granted liberty to approach the Tribunal again if their application under the Direct Tax Vivad Se Vishwas Scheme, 2024, is not finally accepted by the Department.

What were the facts?

The assessee filed an appeal against an order for Assessment Year 2014-15. Subsequently, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV, 2024), filed the required Form No.3, and deposited the tax due, requesting to withdraw the appeal.

What were the issues?

Whether an assessee can withdraw an appeal before the Tribunal upon opting for the Direct Tax Vivad Se Vishwas Scheme and depositing the tax, subject to the scheme's final acceptance.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, LUCKNOW

Before: SHRI. SUDHANSHU SRIVASTAVA

For Appellant: Shri Rakesh Garg, Advocate

For Respondent: Shri Sanjeev Krishna Sharma, D.R

Assessment Year: 2015-16 Ankit Rungta v. The Income Tax Officer M/s Pawan Pharma Basti - New Nai Basti, Basti TAN/PAN:AOGPR2095N (Appellant) (Respondent) Appellant by: Shri Rakesh Garg, Advocate Respondent by: Shri Sanjeev Krishna Sharma, D.R. Date of hearing: 22 01 2025 Date of pronouncement: 23 01 2025 O R D E R

This appeal has been preferred by the assessee against the order dated 25.11.2024, passed by the Ld. Addl/JCIT(A)-1, Nashik for Assessment Year 2014-15.

At the outset, the Ld. Authorized Representative for the assessee (Ld. A.R.) invited my attention to the application dated 21.01.2024, vide which it has been submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV, 2024) and copy of Form No.3 filed before the Income Tax Department, vide acknowledgement No.780505850281224 dated 28.12.2024 has also been enclosed. It has been further submitted that the assessee has also deposited the tax due, vide Challan No.03167 dated 27.12.2024. The prayer of the assessee was that in view of the above, he may be permitted to withdraw the appeal.

In view of the prayer made by the assessee, I permit the assessee to withdraw the appeal and the same is consigned to the records with the liberty to the assessee to approach the Tribunal again in case the assessee’s application under Direct Tax Vivad Se Vishwas Scheme, 2024 is not finally accepted by the Department.

In the result, the appeal of the assessee is dismissed for statistical purposes.

Order pronounced in the open Court on 23/01/2025.

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