FOOD CORPORATION OF INDIA WORKERS CO-OP CREDIT SOCIETY,CUTTACK vs. ACIT CIRCLE-2(1), CUTTACK
Facts
The assessee, Food Corporation of India Workers Co-op Credit Society Ltd., filed an appeal against an order for AY 2010-11. During the hearing, it was disclosed that the assessee had opted for the Vivad Se Vishwas Scheme 2024 and sought to withdraw the appeal, which was unopposed by the Revenue.
Held
The tribunal dismissed the appeal as withdrawn. It granted the assessee liberty to revive the appeal by filing a miscellaneous application if their participation in the VSVS-24 Scheme proves unsuccessful.
Key Issues
1. Whether an appeal should be dismissed as withdrawn if the assessee has opted for the Vivad Se Vishwas Scheme. 2. Whether to allow the assessee liberty to revive the appeal if the VSVS scheme fails.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI DUVVURU RL REDDY, VP & SHRI RAKESH MISHRA, AM
Per DUVVURU RL REDDY, VP:
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 07.12.2022 for the AY 2010-11.
At the time of hearing, it was pointed out that the assessee has already gone into Vivad Se Vishwas Scheme 2024 ('VSVS 2024' Scheme) by filing form no.1, with the competent authority and therefore, prayed vide application dated 20.05.2025 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Hence, we are dismissing the appeal as withdrawn with a liberty to the assessee to get the appeal revived by filing necessary miscellaneous
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 03.06.2025.
Sd/- Sd/- (RAKESH MISHRA) (DUVVURU RL REDDY) (ACCOUNTANT MEMBER) (VICE PRESIDENT) Kolkata, Dated: 03.06.2025 Sudip Sarkar, Sr.PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, 4. 5. Guard file. BY ORDER, True Copy//
Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Cuttack