BRIJ NANDAN BENIWAL,KARAULI vs. ITO WARD KARAULI, KARAULI

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ITA 955/JPR/2024Status: DisposedITAT Jaipur05 February 2025AY 2018-19Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee himself is interested in withdrawing the appeal and allowed the withdrawal. The assessee was granted liberty to apply for restoration if the dispute is not settled under the scheme.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for the assessment year 2018-19. During the hearing, the assessee's AR prayed for withdrawal of the appeal as the assessee opted to settle the dispute under the Vivad Se Vishwas Scheme 2024.

What were the issues?

Whether the appeal can be withdrawn by the assessee to settle the dispute under the Vivad Se Vishwas Scheme 2024.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES,”B” JAIPUR

Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 955/JP/2024

Hearing: 05/02/2025

ORDER PER: RATHOD KAMLESH JAYANTBHAI, AM This appeal filed by the assessee is directed against the order of the ld. CIT(A) dated 26-06-2024, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment year 2018-19 raising the grounds appeal as mentioned at Form 36. 2.1 During the course of hearing, the ld. AR of the assessee has prayed for withdrawal of the appeal as the assessee has opted to settle dispute under Vivad Se Vishwas Scheme 2024 and he has been awaiting the acceptance thereof by the SHRI BRIJ NANDAN BENIWAL VS ITO, WARD KARAULI, KARAULI competent authority for which the assessee has filed the copy of Form 1 DTVSV 2024 under the scheme made before the competent authority. 2.2 On the other hand, the ld. DR did not raise any objection to the submissions made by the assessee before the Bench. 2.3 After hearing the both the parties and perusing the materials available on record, it is found that the assessee is himself 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.

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