BODAPADU PRIMARY AGRICULTURAL CO-OPRATIVE CREDIT SOCIETY LIMITED GR NO 36,GUNTUR vs. INCOME TAX OFFICER, WARD-1, TENALI
Facts
The assessee, Bodapadu Primary Agricultural Co-operative Credit Society Limited, filed an appeal against an order for AY 2018-19. During the hearing, the assessee's counsel requested to withdraw the appeal as the assessee intended to avail the Direct Tax "Vivad Se Vishwas Scheme, 2024".
Held
The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to file a Miscellaneous Application to reinstate the appeal if their case is not accepted under the Vivad Se Vishwas Scheme by the Revenue. Such an application must be filed within the time limit prescribed by the Act.
Key Issues
Whether to allow the assessee to withdraw their appeal to opt for the Direct Tax "Vivad Se Vishwas Scheme, 2024" and to define conditions for its potential reinstatement if the scheme benefit is denied.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH
Before: SHRI LALIET KUMAR & SHRI BALAKRISHNAN. S
IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER AND SHRI BALAKRISHNAN. S, ACCOUNTANT MEMBER ITA No.407/VIZ/2024 Assessment Year: 2018-19 Bodapadu Primary Agricultural Vs. The Income Tax Officer, Ward – 1, Co-operative Credit Society Tenali. Limited, G.R.No.36, Guntur. PAN : AABAB7125P (Appellant) (Respondent) Assessee by: Shri GVN Hari (HYBRID) Revenue by: Shri N. Gopi Krishna, Sr.DR Date of hearing: 16.01.2025 16.01.2025 Date of pronouncement:
O R D E R PER LALIET KUMAR, J.M.
This appeal is filed by the assessee feeling aggrieved by the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 30.07.2024 for the A.Y. 2018-19.
2 ITA No.407/Viz/2024
At the outset, the Learned Counsel for the assessee submitted that the assessee wishes to avail Direct Tax “Vivad Se Vishwas Scheme, 2024" and hence, would like to withdraw this appeal.
After hearing both the parties, we dismiss the appeal of the assessee with a liberty to approach the Tribunal if assessee's case is not accepted in Vivad se Vishwas Scheme 2024 by the Revenue for whatsoever may be the reason, then the assessee shall be at liberty to file Miscellaneous Application before the Tribunal within the time limit prescribed under the Act to reinstate assessee's appeal. Ordered accordingly.
In the result, the appeal of the assessee is dismissed as 'withdrawn'.
Order pronounced in the Open Court on 16th January, 2024. Sd/- Sd/- Sd/- Sd/-Sd/- - d/- Sd/- (BALAKRISHNAN S.) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER
Visakhapatnam, dated 16.01.2025. TYNM/sps
3 ITA No.407/Viz/2024
Copy to: S.No Addresses 1 Bodapadu Primary Agricultural Co-operative Credit Society Limited, G.R.No.36, Guntur. C/o. D.No.2-93, Bodapadu Post, Amarthaluru Mandal, Guntur District. 2 The Income Tax Officer, Ward – 1, Opp. Sai Baba Temple, Bose Road, Tenali. 3 Prl.CIT, Guntur. 7 DR, ITAT, Visakhapatnam Bench. 8 Guard File By Order