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Facts
The assessee filed an appeal against an order passed under sections 147 r.w.s 144B of the Income Tax Act for AY 2018-19. During the hearing, the assessee requested to withdraw the appeal, stating they had opted for the "Direct Tax Vivad Se Vishwas Scheme, 2024" (DTVSV), received Form No.2, paid the determined tax demand of Rs. 9,40,241/-, and submitted Form No.4 for full and final settlement.
Held
The Tribunal allowed the assessee's request to withdraw its appeal, considering their decision to opt for the DTVSV scheme and the completion of settlement procedures. Consequently, the assessee's appeal was dismissed as withdrawn, with the liberty to approach the Tribunal if the case is not finally settled under the DTVSV for any reason.
Key Issues
Whether the assessee should be permitted to withdraw its appeal before the Tribunal after opting for the Direct Tax Vivad Se Vishwas Scheme and settling the tax demand.
Sections Cited
147, 144B, 92(2), 93
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Income Tax Appellate Tribunal, VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM
Before: SHRI V. DURGA RAO, HONBLE & SHRI S BALAKRISHNAN, HONBLE
आदेश /O R D E R
PER SHRI V. DURGA RAO, JM:
This appeal is filed by the assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter in short “Ld. CIT(A)”] vide order dated 19/12/2024 arising out of the order passed U/s. 147 r.w.s 144B of Income Tax Act, 1961 (in short ‘Act’) for the A.Y. 2018-19.
Page No. 1
2 ITA 131/Viz/2025 The Krishna Farmers Service Coop Society Lte vs. ITO 2. At the time of hearing of the appeal, none appeared before us on behalf of the assessee. However, from the record we find that the assessee has filed a letter, dated 18/04/2025, seeking permission of the Bench to withdraw the appeal and also mentioned that as the assessee had opted for the “Direct Tax Vivad Se Vishwas Scheme, 2024" (“DTVSV”, for short) and received Form No.2 from the competent Authorities determining the tax payable as Rs. 9,40,241/-. Thereafter, the assessee, vide Challan No. 836, KDCC Bank, Jaggaiahpet has paid the tax demand of Rs. 9,40,241/-. The assessee has also submitted Form.4, issued by the Ld. Pr. CIT, Vijayawada ie., Order for full and final settlement of tax U/s. 92(2) r.w.s 93 of the Act, dated 23/05/2025. Therefore, it is the prayer of the assessee that it may be permitted to withdraw the appeal.
The Learned Departmental Representative (“Ld. DR”) did not object to the submissions of the assessee.
On a perusal of the assessee’s submissions filed before us with respect to their decision to opt for the “Direct Tax Vivad Se Vishwas Scheme, 2024", considering the same, we hereby allow the assessee to withdraw its appeal. Accordingly, we dismiss the assessee’s appeal as withdrawn with a liberty to the assessee to approach the Tribunal if for any reason it’s case is not finally settled under the DTVSV.
Page No. 2
3 ITA 131/Viz/2025 The Krishna Farmers Service Coop Society Lte vs. ITO 5. In the result, appeal of the assessee is dismissed.
Order pronounced in the open court on 09th June, 2025. 6.
Sd/- Sd/- (िी. दुर्ाा राि)Sd/- (एस बालाकृष्णन) (S. BALAKRISHNAN) (V. DURGA RAO) लेखा सदस्य/ACCOUNTANT MEMBER न्याधयक सदस्य/JUDICIAL MEMBER आदेशकीप्रनतनलनपअग्रेनर्त/ Copy of the order forwarded to :-
1. 1. निर्गाररती/ The Assessee : The Krishna Farmers Service Cooperative Society Limited, s-100-1, Ayyappanagar, Jaggaiahpety, Krishna District, 521175, Andhra Pradesh. 2. रगजस्व/ The Revenue Income Tax Officer, Ward-1(3), CR Buildings, 1st : Floor, MG Rad, Vijayawada, Andhra Pradesh- 520002.
3. The Principal Commissioner of Income Tax 4. नवभगर्ीयप्रनतनिनर्, आयकरअपीलीयअनर्करण, नवशगखगपटणम/DR,ITAT, Visakhapatnam 5. The Commissioner of Income Tax 6. र्गर्ाफ़गईल/ Guard file
//True Copy// आदेशगिुसगर / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam Page No. 3