PHILOMINA VARGHESE,ERNAKULAM vs. ITO , NON -CORP WARD 1(4), KOCHI
Facts
The assessee filed an appeal against a CIT(A) order for Assessment Year 2017-18. During the hearing, the assessee's counsel requested to withdraw the appeal as the issue was intended to be settled under the Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV).
Held
The Tribunal allowed the assessee to withdraw the appeal, dismissing it as withdrawn. However, the assessee was granted liberty to revive the appeal if their application under the Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV) is rejected.
Key Issues
Whether to allow the assessee to withdraw the appeal for settlement under the DTVSV Scheme, and if so, whether to grant liberty to revive it upon rejection of the DTVSV application.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM ITA No. 904/Coch/2022 Assessment Year: 2017-18 Philomina Varghese .......... Appellant Sagar Enterprises, No. 1.657, Service Co-operative Bank Building Mulanthuruthy, Ernakulam 682314 [PAN: ABMPV1584B] vs. The Income Tax Officer .......... Respondent Non-Corporate Ward - 1(4) C.R. Building, I.S. Press Road Kochi 682018 Appellant by: Shri Edwin George, Advocate Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 05.02.2025 Date of Pronouncement: 19.02.2025
O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 27.07.2022 for Assessment Year (AY) 2017-18.
When the matter was called on, the learned counsel for the assessee submitted that the appellant intends to withdraw the appeal, as the issue in the appeal is sought to be settled through Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV). Accordingly, we permit the assessee to withdraw the appeal with liberty to revive the appeal,
2 ITA No. 904/Coch/2022 Philomina Varghese in the event the application in Form No. 1 under DTVSV comes to be rejected, for any reason.
In the result, appeal filed by the assessee is dismissed as withdrawn.
Order pronounced in the open court on 19th February, 2025. 4.
Sd/- (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 19th February, 2025 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File Assistant Registrar ITAT, Cochin