BIO INDIA INTERVENTIONAL TECHNOLOGIES PRIVATE LIMITED,NEAR CHARAK PHARMA vs. ITO, WARD-1, VAPI, CHALA VAPI
Facts
The assessee sought to withdraw the appeal as they had availed the benefit of the Vivad Se Vishwas Scheme. They submitted the necessary documentation, including Form No. 1 and Form No. 2, to the Department.
Held
The Tribunal noted the assessee's written request for withdrawal. The appeal was dismissed as withdrawn, with a provision for restoration if the assessee fails to avail the VSV Scheme benefit.
Key Issues
Whether the appeal can be dismissed as withdrawn due to availing the Vivad Se Vishwas Scheme benefit.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: Shri Sanjay Garg & Shri Bijayananda Pruseth
THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT Before Shri Sanjay Garg, Judicial Member and Shri Bijayananda Pruseth, Accountant Member ITA No. 669/Srt/2024 Assessment Year 2016-17
Bio India Interventional The ITO, Technologies Pvt. Ltd., Ward-1, Shed No. A-2, Plot No 14, Vs Vapi Near Charak Pharma, (Respondent) GIDC-396171 PAN: AADCB3593R (Appellant)
Assessee by: Shri Rasesh Shah, A.R. Revenue by: Shri Ravi Kant Gupta, CIT-D.R. on behalf of Shri Mukesh Jain, Sr. D.R.
Date of hearing : 17-03-2025 Date of pronouncement : 28-03-2025 आदेश/ORDER Per Sanjay Garg, Judicial Member: The present appeal has been filed by the Assessee against the order passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)’] dated 19.04.2024 arising from the assessment order passed u/s.143(3) of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2016-17.
The Ld. Counsel for the assessee has requested that the assessee has availed the benefit of Vivad Se Vishvas Scheme- 2024. The assessee has also placed on file the copy of Form
I.T.A No. 669/Srt/2024 Bio India Interventional Technologies Pvt. Ltd., A.Y. 2016-17 No. 1 filed with the Department and copy of Form No. 2 issued by the Department under the Direct Tax Vivad Se Vishwas Scheme, 2024.
In the light of written request made on behalf of the assessee, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reason, whatsoever, then the assessee will be at liberty to seek restoration of this appeal for hearing by moving a separate application in this respect.
In the result, the appeal filed by the Assessee is hereby dismissed as withdrawn. Order pronounced in the open court on 28-03-2025 Sd/- Sd/- (Bijayananda Pruseth) (Sanjay Garg) Accountant Member Judicial Member Ahmedabad : Dated: 28/03/2025 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Surat 6. Guard file. By order, // True Copy // Assistant Registrar, Income Tax Appellate Tribunal, Surat
