JAI WARDHAN,DELHI vs. ITO, BIHAR
Facts
The appeal was filed with a delay of 29 days, which was later condoned. The assessee had opted for the Vivad Se Vishwas Scheme 2024 and requested an adjournment for the VSVS process to be completed.
Held
The Tribunal considered the assessee's submission regarding the Vivad Se Vishwas Scheme and the need to withdraw the appeal as per the scheme's requirements.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH PATNA
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH PATNA (VIRTUAL HEARING AT KOLKATA)
SHRI GEORGE MATHAN, JUDICIAL MEMBER SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.A. No. 640/Pat/2024 Assessment Year: 2017-18 Jai Wardhan, 301, Rattan Jyoti Building, Rajendra Place, [PAN: ABHPW4566B] ..................…...…………….... Appellant vs. ITO, Bela Kothi, Bela Industrial Area, R.K. Mission Road, Bihar - 842005 ............…..…..................... Respondent
Appearances by: Assessee represented by : Manoj Kumar, CA Department represented by : Ashwani Kr. Singal, JCIT Date of concluding the hearing : 25.02.2025 Date of pronouncing the order : 25.02.2025
ORDER PER BENCH
In this case, there is a delay of 29 days in the filing of this appeal. On the last date of hearing, the Ld. AR requested that the impugned order was received on the October 2024 and the assessee filed the appeal within 30 days of such receipt. Thus, it was prayed that there was no delay on the part of the assessee in filing the said appeal.
1.1 We have considered these averments and gone through the records. We find merit in the Ld. AR’s contention and accordingly condone the delay.
I.T.A. No. 640/Pat/2024 Jai Wardhan 2. The present appeal arises from the order of the Ld. Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the “Ld. CIT(A)”], dated 08.08.2024 for AY 2017- 18.
2.1 At the time of hearing, it was pointed out that the assessee has already opted for Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) by filing Forms No.1 with the competent authority. The assessee has, therefore prayed before the Bench that the case may be adjourned till the VSVS process is complete. It is seen that as per the VSVS the assessee has to withdraw his appeal as per the scheme.
Accordingly, we are dismissing this appeal as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS- 2024, for any reason, whatsoever.
In the result, the appeal of the assessee is dismissed, as withdrawn.
Order pronounced in the court on 25.02.2025
Sd/- Sd/- [Sanjay Awasthi] [George Mathan] Accountant Member Judicial Member Dated: 25.02.2025 AK, PS
I.T.A. No. 640/Pat/2024 Jai Wardhan Copy of the order forwarded to: 1. Jai Wardhan 2. Income Tax Officer 3. CIT(A)- 4. CIT- 5. CIT(DR)
//True copy// By order
Assistant Registrar, Kolkata Benches
