ABDULRAHIMAN KUNJU PUTHENVEETIL MOHAMMEDKUNJU,KAYAMKULAM vs. ITO, WARD 1 & TPS, ALAPPUZHA
Facts
The assessee filed an appeal challenging an order of the NFAC, Delhi, for the Assessment Year 2016-17, which included an addition of Rs. 15,00,000 and initiation of penalty proceedings under Section 271B. Subsequently, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, paid the full and final settlement amount of Rs. 37,500, and requested the Tribunal to allow the withdrawal of the appeal.
Held
The Tribunal noted the assessee's request for withdrawal due to opting for the Direct Tax Vivad Se Vishwas Scheme, 2024, and having paid the settlement amount. Since the Ld. AR submitted for dismissal as withdrawn and the Ld. DR had no objection, the Tribunal perused the request and dismissed the appeal as withdrawn.
Key Issues
Whether an appeal filed by an assessee before the Income Tax Appellate Tribunal should be dismissed as withdrawn when the assessee opts for the Direct Tax Vivad Se Vishwas Scheme and completes the settlement process.
Sections Cited
271B
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH : COCHIN
Before: SHRI INTURI RAMA RAO & SHRI SOUNDARARAJAN K.
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH : COCHIN
BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI SOUNDARARAJAN K., JUDICIAL MEMBER
ITA No. 541/Coch/2024 Assessment Year : 2016-17
Shri Abdul Rahman Kunju Puthenveetil MohammedKunju, The Income Tax Jojys Arcade, Officer, Link Road, Ward – 1 & TPS, Kayamkulam – 690 502. Alappuzha. Vs. Kerala. PAN: ADXPM6616L APPELLANT RESPONDENT
Assessee by : None Revenue by : Smt. Leena Lal, Snr.AR
: 05-02-2025 Date of Hearing : 24-02-2025 Date of Pronouncement
ORDER PER SOUNDARARAJAN K., JUDICIAL MEMBER
This is an appeal filed by the assessee challenging the order of the NFAC, Delhi dated 29/03/2024 in respect of the A.Y. 2016-17.
Page 2 of 3 ITA No. 541/Coch/2024 2. When the appeal came up for hearing the assessee filed a letter dated 13/01/2025 which reads as under:
The assessee by way of their letter dated 13/01/2025 had requested for the withdrawal of the appeal pending before this Tribunal on the ground
Page 3 of 3 ITA No. 541/Coch/2024 that the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 and also furnished the form -2 received from the department and further informed that the amount of Rs. 37,500/- as directed by the department has already been paid on 31/12/2024 and therefore requested the Tribunal to permit the assessee to withdraw the said appeal.
The Ld.AR submitted that the appeal of the assessee may be dismissed as withdrawn, in view of the above letter.
We heard Ld D.R, who did not object to the prayer of the assessee. We have perused the said letter and recorded the request made by the assessee and dismiss the appeal as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 24th February, 2025.
Sd/- Sd/- (INTURI RAMA RAO) (SOUNDARARAJAN K.) Accountant Member Judicial Member
Bangalore, Dated, the 24th February, 2025. /MS /
Copy to: 1. Appellant 2. Respondent 3. CIT 4. DR, ITAT, Cochin 5. Guard file 6. CIT(A) By order
Assistant Registrar, ITAT, Cochin
