KISHORI CAPITAL MARKETS PVT. LTD.,STEPHEN HOUSE vs. ITO WARD 2(1), PATNA, LOK NAYAK BHAWAN
Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2013-2014. The appeal was delayed by 544 days. The assessee also filed an application for condonation of delay, citing reasons which were found to be not false.
Held
The Tribunal condoned the delay of 544 days and admitted the appeal. Subsequently, at the time of hearing, the assessee sought to withdraw the appeal as they had availed the Vivad-se-Vishwas Scheme, 2024. Form No. 1 and Form 2 were duly filed.
Key Issues
Condonation of delay and withdrawal of appeal due to availing Vivad-se-Vishwas Scheme.
Sections Cited
Vivad-se-Vishwas Scheme, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC BENCH”, PATNA
Before: SHRI GEORGE MATHAN
आयकर अपीलीय अधिकरण, पटना न्यायपीठ, पटना IN THE INCOME TAX APPELLATE TRIBUNAL “SMC BENCH”, PATNA
BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER (THROUGH VIRTUAL HEARING AT KOLKATA) आयकर अपील सं/ITA No.154/PAT/2025 (नििाारण वर्ा / Assessment Year : 2013-2014) Kishori Capital Markets Pvt Ltd Vs ITO Ward-2(1), Patna 116A, Stephen House, 6th Floor 4, BBD Bagh (East), West Bengal PAN No. : AAACK 9877 E (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee by : None राजस्व की ओर से /Revenue by : Shri Ashwani Kumar, Sr.DR सुनवाई की तारीख / Date of Hearing : 18/06/2025 घोषणा की तारीख/Date of Pronouncement : 18/06/2025 आदेश / O R D E R This is an appeal filed by the assessee against the order of the Id. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 06.07.2023 for the assessment year 2013-2014. 2. None appeared on behalf of the assessee and Shri Ashwani Kumar, ld.Sr. DR appeared on behalf of the revenue. 3. The appeal of the assessee is delayed by 544 days. In this regard, the assessee has filed an application for condonation of delay stating therein sufficient reasons for delay, which are not found to be false. Accordingly, I condone the delay of 544 days in filing the present appeal and the appeal is admitted for hearing.
2 ITA No.154/PAT/2025 4. At the time of hearing, a letter has been filed by the assessee in which it has been submitted that he wants to withdraw the present appeal as the assessee has availed Vivad-se-Vishwas Scheme, 2024 in respect of the impugned appeal. The necessary Form No. 1 has duly been filed by the assessee before designated authority through e-filing portal and assessee company has received Form 2 issued by the designated authority of VSVS, 2024 issued by the Department. Considering the above submissions, the appeal of the assessee is hereby dismissed as withdrawn. However, the assessee will be at liberty to get his appeal restored upon filing an application, if for any reason, whatsoever, the application for Vivad Se Vishwas Scheme, 2024 is not accepted by the Department. 5. In the result, appeal of the assessee is dismissed. Order dictated and pronounced in the open court on 18/06/2025. Sd/- (GEORGE MATHAN) न्यानयक सदस्य / JUDICIAL MEMBER Kolkata; दिनाांक Dated 18/06/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. Appellant 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), आयकर आयुक्त / CIT 4. 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पटना / DR, ITAT, Patna 6. गार्ड फाईल / Guard file. आदेशािुसार/ BY ORDER, सत्यापपत प्रतत //True Copy// (Assistant Registrar) आयकर अपीलीय अधिकरण, पटना /ITAT, Patna
