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Facts
The Revenue Department preferred appeals against orders passed by the CIT(A)/NFAC. The appeals were interconnected and were disposed of by a composite order. The assessee had filed Form No.1 and the Revenue Department had issued Form No.2, with the assessee depositing the requisite amount.
Held
The appeals were dismissed as withdrawn. Liberty was granted to the parties to seek recalling of the order if the dispute was not settled finally.
Key Issues
Whether the appeals should be dismissed as withdrawn after the assessee settled the dispute with the Revenue Department.
Sections Cited
250 of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR BENCH : NAGPUR
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI K.M. ROY
For Assessee : Shri Shubham Jain, Ld. Adv. For Revenue : Shri Surjit Kumar Saha, Ld. Sr.DR Date of Hearing : 23.06.2025 Date of Pronouncement : 23.06.2025 ORDER PER BENCH:
These appeals have been preferred by the Revenue Department against the separate orders dated 14/03/2024, 19/03/2024 & 17/04/2024 impugned herein passed by the Ld.
2 ITA.No.285, 286 & 327/NAG/2024 Commissioner of Income Tax (Appeals)/NFAC, Delhi [in short, “Ld.Commissioner”] u/sec. 250 of the Income Tax Act, 1961 (for short, “the Act”) for the Assessment Year (for short, “AY”) 2011-12.
All the three appeals under consideration are interconnected and, therefore, the same are disposed of by this composite order by taking into consideration as a lead case and the result of same would be applicable mutatis mutandis to all the appeals under consideration.
Form No.1 and the Revenue Department has also issued Form No.2 and the assessee has also deposited the requisite amount as determined by the Revenue authority. Thus, the appeal of the assessee is liable to be dismissed as withdrawn, however with liberty to the parties to seek recalling of this order on non–settling the dispute finally.
In view of the above decision in the said case, all the appeals under consideration are dismissed as withdrawn with liberty to the parties to seek recalling of this order on non–settling the dispute finally.
We clarify that as on today, the assessee has not paid the requisite amount as determined by the Revenue authority while issuing Form No.2, in the case of which the assessee undertakes to deposit the same.
3 ITA.No.285, 286 & 327/NAG/2024
In the result, all the appeals of the Assessee are dismissed as withdrawn with the aforesaid liberty. Order pronounced in the open Court on 23.06.2025.