ACIT, AKOLA CIRCLE, AKOLA vs. PRABHA NITIN KHANDELWAL, AKOLA
Facts
The Revenue Department filed appeals against orders of the CIT(A) for AY 2011-12. The appeals were interconnected and to be disposed of by a composite order, with ITA No. 285/NAG/2024 as the lead case. The assessee had taken steps to settle the dispute by filing Form No.1 and depositing the required amount.
Held
The Tribunal noted that the assessee had filed Form No.1 and deposited the requisite amount to settle the dispute, and the Revenue had issued Form No.2. Consequently, the appeals were liable to be dismissed as withdrawn, with liberty granted to the parties to seek recalling of the order if the dispute was not finally settled.
Key Issues
Whether the appeals should be dismissed as withdrawn, with liberty to seek recalling, due to settlement proceedings between the assessee and revenue.
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
IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH : NAGPUR
BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER & SHRI K.M. ROY, ACCOUNTANT MEMBER
I.T.A.Nos. 285, 286 & 327/NAG/2024 (Assessment Year 2011-12)
ACIT, Akola Circle, Akola 1. Ekta Ravi Khandelwal, 1 C/o Khandelwal Jewellers, Gandhi Road, Akola. vs. PAN : AQZPK 8290 R 2. Nitin Madanlal Khandelwal 1 C/o Khandelwal Jewellers, Gandhi Road, Akola PAN : ACDPK 2014 R 3. Prabha Nitin Khandelwal, 1 C/o Khandelwal Jewellers, Gandhi Road, Akola PAN : ACDPK 2010 M (Appellant) (Respondents)
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 ITA No. 285/NAG/2024 as a lead case and the result of same would be applicable mutatis mutandis to all the appeals under consideration.
Coming to ITA No. 285/NAG/2024, the assessee in order to settle the dispute, has already filed 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, ITA No. 327/NAG/2024 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 ITA No. 327/NAG/2024, 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.
Sd/- Sd/- (K.M. ROY) (NARENDER KUMAR CHOUDHRY) Accountant Member Judicial Member
vr/- Copy to
The appellant 2. The respondent 3. The CIT(A), Nagpur concerned. 4. D.R. ITAT, Nagpur Bench, Nagpur. 5. Guard File.
By Order //True Copy //
Sr. Private Secretary, ITAT, Nagpur Bench.
