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Facts
The assessee had filed an appeal against the order of the Commissioner of Income Tax (Appeal)-NFAC. During the hearing, it was brought to the Tribunal's attention that the assessee had opted for the Vivad Se Vishwas Scheme 2024. Consequently, the assessee prayed to withdraw the appeal.
Held
The Tribunal noted that the assessee had gone into the Vivad Se Vishwas Scheme 2024 and allowed the withdrawal of the appeal as prayed. The assessee was granted liberty to revive the appeal if the VSVS-24 resolution was unsuccessful.
Key Issues
Withdrawal of appeal due to opting for Vivad Se Vishwas Scheme 2024.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “DB” BENCH: PATNA
Before: Shri Rajesh Kumar& Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM:
This is the appeal preferred by the assessee against the order of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 04.10.2024 for AY 2012-13.
2 I.T..A. No. 637/Pat/2024 Assessment Year: 2012-13 Jiwan Laxmi Construction pvt. Ltd. 2. At the time of hearing, it was pointed out that the assessee has already gone into Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) and therefore, prayed before the Bench that the assessee may be allowed to withdraw this appeal to which the ld. DR did not oppose.
Hence, we are dismissing the appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for any reason, whatsoever.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order is pronounced in the open court on 16th April, 2025
Sd/- Sd/- (Rajesh Kumar /राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 16th April, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Jiwan Laxmi Construction Pvt. Ltd., 14E, Ajanta Colony, Keshri Nagar, Near Nala par, Patna-800024 2. Respondent – PTN, Ward-21(91), Patna 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Patna 5. DR, Patna Bench, Patna