Loading judgment…
Facts
The assessee filed an appeal against the order of the CIT(A) for assessment year 2010-11. The assessee applied to settle the dispute under the Vivad Se Vishwas Scheme 2024 and awaited acceptance from the competent authority.
Held
The Tribunal noted that the assessee was interested in withdrawing the appeal under the Vivad Se Vishwas Scheme. The Bench allowed the withdrawal of the appeal.
Key Issues
Whether the assessee can withdraw the appeal to settle the dispute under the Vivad Se Vishwas Scheme.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC” JAIPUR
Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 1103/JP/2024
ORDER PER: RATHOD KAMLESH JAYANTBHAI, AM This appeal filed by the assessee is directed against the order of the ld. CIT(A) dated 11-07-2024, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment year 2010-11 raising the grounds appeal as mentioned at Form 36. 2.1 None appeared on the date of hearing. However, the Director of the assessee company filed an application dated 01-02-2025 praying therein that he has opted to settle dispute under Vivad Se Vishwas Scheme 2024 and he has been awaiting the acceptance thereof by the competent authority for which the assessee has filed the copy of application under the scheme made before the competent authority.
M/S. FINTECH DEVELOPERS PVT LTD VS ITO, WARD 6(2), JAIPUR 2.2 On the other hand, the ld. DR did not raise any objection to the submissions made by the assessee through its application (supra) before the Bench. 2.3 After hearing the ld. DR and perusing the materials available on record, it is found that the assessee is itself interested in withdrawing the appeal by settling the dispute, under Vivad Se Vishwas Scheme 2024. The Bench further feels that in case of another reasons the dispute is not settled in Vivad Se Vishwas Scheme 2024, the assessee shall be at liberty to apply for restoration of the appeal in accordance with law. In this view of the matter, the Bench allows the withdrawal of the appeal filed by the assessee on above count. 3.0. In the result, the appeal of the assessee is dismissed having been withdrawn Order pronounced in the Open Court on 05 -02-2025.
Sd/- Sd/- ¼ Mk0 ,l- lhrky{eh ½ ¼ jkBksM deys'k t;UrHkkbZ ½ (Dr. S. Seethalakshmi) (Rathod Kamlesh Jayantbhai) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 05/02/2025 *Mishra आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. The Appellant- M/s. Fintech Developers Pvt. Ltd. Jaipur ,. 2. izR;FkhZ@ The Respondent- The ITO, Ward 6(2), Jaipur 3. vk;dj vk;qDr@ The ld CIT 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 1103/JP/2024) vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत