ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3, NAGPUR vs. SUMEET RAMESHCHANDRA BAJORIYA, YAVATMAL
Facts
The assessee filed appeals against the orders of the CIT(A) for Assessment Year 2011-12. During the hearing, the assessee submitted an application to withdraw the appeals.
Held
The assessee has opted to settle disputes under The Direct Tax Vivad Se Vishwas Scheme, 2024. The assessee requested to withdraw the appeals, with a liberty to file fresh appeals if the Department's decision is not acceptable.
Key Issues
Whether the assessee can withdraw the appeals after opting for the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR
Before: SHRI V. DURGA RAO & SHRI K.M. ROY, ACCOUNTANT, MEMBER
IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR
BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER
ITA no.274 /Nag./2019 (Assessment Year : 2011–12) Income Tax Officer ……………. Appellant Ward–2, Akola v/s Shri Gaurav Vasant Khandelwal Khandelwal Alankar Kendra ……………. Respondent Gandhi Road, Akola 444 001 PAN – AVNPK1907G
ITA no.275/Nag./2019 (Assessment Year : 2011–12) Income Tax Officer ……………. Appellant Ward–2, Akola v/s Shri Sagar Vasant Khandelwal Khandelwal Alankar Kendra ……………. Respondent Gandhi Road, Akola 444 001 PAN – AVNPK1907G Assessee by : Shri Kishore P. Dewani Revenue by : Shri Abhay Y. Marathe
Date of Hearing – 05/03/2025 Date of Order – 21/03/2025
O R D E R PER K.M. ROY, A.M.
The aforesaid appeals by the assessee are against the impugned orders of even date 05/07/2019, passed by the learned Commissioner of Income Tax (Appeals)–1, Nagpur, [“learned CIT(A)”], for the assessment year 2011–12.
2 Shri Gaurav Vasant Khandelwal Shri Sagar Vasant Khandelwal ITA no.274–275/Nag./2019
During the course of hearing, the assessee furnished an application dated nil, received by the Registry on 27/02/2025, stating as under:–
“The assessee respectfully begs to submit as under: 1. In the case of assessee appeal is pending before Hon'ble Bench for Asstt. Year 2011-12 vide Appeal No. 274/NAG/2019. 2. The assessee has opted to settle dispute under The Direct Tax Vivad Se Vishwas Scheme 2024. Assessee has filed declaration and undertaking in Form No.1 on 26/12/2024 under The Direct Tax Vivad Se Vishwas Scheme 2024 in respect to aforesaid pending appeal. The assessee has received Certificate in Form No.2 from PCIT-1 Nagpur on 14/01/2025. The assessee has paid the requisite taxes as determined in Form No.2 Certificate issued under Form No.2 and copy of challan is enclosed herewith. In view of above, assessee requests for withdrawal of aforesaid appeal of assessee. The assessee humbly requests to kindly accept this application and assessee be permitted to withdraw the appeal.
The learned Counsel for the assessee submitted before us that the assessee has opted for the Direct Tax Vivad se Vishwas Scheme, 2024 (DTVsV Scheme, 2024) and hence he may be permitted to withdraw these appeals. He, however, requested the Bench that in the event of Department’s decision is not acceptable to the assessee, the assessee be granted liberty to file fresh appeal before the Tribunal. The learned Departmental Representative has no objection in the submissions of the assessee.
We have heard the arguments of the parties, perused the material available on record and gone through the orders of the authorities below. In view of the submissions made by the learned Counsel for the assessee as aforesaid, we are of the opinion that in case, the assessee does not succeed on the declaration filed under DTVsV Scheme, in that event the assessee will be at liberty get these appeals restored in its original position by filing Miscellaneous Applications and recall this consolidated order for hearing on merits.
3 Shri Gaurav Vasant Khandelwal Shri Sagar Vasant Khandelwal ITA no.274–275/Nag./2019
In the result, appeals filed by the assessee dismissed. Order pronounced in the open Court on 21/03/2025
Sd/- Sd/- V. DURGA RAO K.M. ROY JUDICIAL MEMBER ACCOUNTANT MEMBER NAGPUR, DATED: 21/03/2025 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur
