AFAQ IMPEX INDIA PRIVATE LIMITED,THRISSUR vs. DCIT, CIRCLE 1(1)& TPS, THRISSUR

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ITA 306/COCH/2024Status: DisposedITAT Cochin27 May 2025AY 2015-16Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI SOUNDARARAJAN K. (Judicial Member)2 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The Tribunal dismissed the appeal as withdrawn, noting the Ld.DR's agreement. The assessee was granted liberty to approach the Tribunal again if an adverse order is passed by the authorities under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against an order of the NFAC for A.Y. 2015-16. During the hearing, the assessee's representative submitted that they were evaluating the option to avail the Vivad Se Vishwas Scheme 2024 and sought permission to withdraw the appeal.

What were the issues?

Whether the assessee's request to withdraw its appeal to pursue the Vivad Se Vishwas Scheme should be allowed, and the terms for such withdrawal.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH : COCHIN

Before: SHRI INTURI RAMA RAO & SHRI SOUNDARARAJAN K.

For Appellant: Shri Joyel George, CA
For Respondent: Smt. Leena Lal, Snr. DR

ORDER PER SOUNDARARAJAN K., JUDICIAL MEMBER

This is an appeal filed by the assessee challenging the order of the NFAC, Delhi dated 12/02/2024 in respect of the A.Y. 2015-16.

2.

At the time of hearing on 29/01/2025, the Tribunal had an occasion to pursue the adjournment letter filed by the assessee dated 17/12/2024 in which the assessee submitted that they are evaluating the option to avail the Vivad Se Vishwas Scheme 2024 and sought for an adjournment. Since no appearance was made by the assessee, again we directed to serve the notice through the DR and the matter was adjourned to 13/03/2025. On the said date, the Ld.AR appeared the submitted that the assessee has filed an application to avail the Vivad Se Vishwas Scheme 2024 and therefore sought the permission of this Tribunal to withdraw the appeal.

3.

The Ld.DR also agreed for the same.

4.

We have heard the arguments of both sides and perused the materials available on record.

5.

After recording the submissions made by the Ld.AR, we dismiss the appeal filed by the assessee as withdrawn with the liberty to approach this Tribunal if any adverse order is passed by the authorities under the said scheme.

6.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on 27th May, 2025.

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