ASHMIT PULSES PVT. LTD., JAGDALPUR,BASTAR vs. INCOME TAX OFFICER, WARD- JAGDALPUR, JAGDALPUR

This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals)/NFAC, Delhi dated 25.11.2024 for the assessment year 2017-18 as per the grounds of appeal on record.

The Ld. Counsel for the assessee submitted that the assessee is opting for Vivad Se Vishwas Scheme, 2024 and filed an adjournment petition in this regard. That on a perusal of the adjournment petition, it is apparent that there is intention of the assessee to redress its grievance through the said scheme of the department. However, the Ld. Counsel submitted that there is no certainty and therefore, the matter may be simply adjourned. The view of the bench in such scenario is that as the assessee had already disclosed its intention to avail the Vivad se Vishwas Scheme, 2024 to redress its grievance, therefore, no purpose shall be served keeping the matter pending before the Tribunal. Therefore, I am of the considered view that it is appropriate to treat the application of the assessee that the assessee is withdrawing the appeal and matter should be dismissed as withdrawn with the condition that in case the assessee fails to get redressal of its grievance through VSVS Scheme, then it may be permitted for restoration of the same as per law.

The Ld. Sr. DR fairly conceded regarding the application filed by the assessee and submitted that once there is an intention of the assessee for Vivad se Vishwas Scheme, 2024, even though it is contemplated, the matter would not reach logical end pending it before the Tribunal.