PATEL CHAWAL UDYOG,LAKHANPURI vs. ADDL/JCIT (A)-2, NAGPUR
Facts
The assessee, Patel Chawal Udyog, faced an assessment under section 143(3) for AY 2017-18 with an addition of Rs. 1,09,056 due to adhoc disallowance. The assessee filed an appeal against this order, first with the CIT(A) and subsequently with the ITAT. During the ITAT proceedings, the assessee opted for the Vivad Se Vishwas Scheme, 2024, and sought to withdraw the pending appeal.
Held
The Income Tax Appellate Tribunal permitted the assessee to withdraw the appeal as requested. The Tribunal clarified that should the order for full and final settlement in “Form 4” not be passed by the designated authority, the assessee would retain the liberty to seek restoration of the appeal.
Key Issues
Whether an appeal should be allowed to be withdrawn by the assessee after opting for the Vivad Se Vishwas Scheme, 2024.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAIPUR BENCH “SMC”, RAIPUR
Before: SHRI RAVISH SOOD
आदेश / ORDER PER RAVISH SOOD, JM: The present appeal filed by the assessee firm is directed against the order passed by the ADDL/JCIT(A)-2, Nagpur, dated 12.12.2024, which in turn arises from the order passed by the A.O under Sec.143(3) of the Income-tax Act, 1961 (in short ‘the Act’) dated 09.12.2019 for the assessment year 2017-18.
The assessee firm has filed a letter dated 24.01.2025 wherein it has sought liberty to withdraw the captioned appeal for the reason that it has opted for Vivad Se Vishwas Scheme, 2024 (VSVS 2024) in order to settle the dispute involved in the captioned appeal. For the sake of clarity, the letter dated 24.01.2025 is culled out as under:
3 Patel Chawal Udyog Vs. ITO, Ward-Kanker ITA No. 11/RPR/2025
Smt. Tarannum Verma, Ld. Sr. Departmental Representative (for short ‘DR’) did not raise any objection to the seeking of withdrawal of the captioned appeal by the assesse appellant.
Considering the aforesaid factual position, I herein permit the assessee firm to withdraw the captioned appeal. Before parting, I may herein mention that in case the order for full and final settlement of tax arrears in “Form 4” is not passed by the designated authority, then the assessee firm shall remain at a liberty to seek restoration of its appeal.
Resultantly, the appeal filed by the assesse firm is dismissed as withdrawn in terms of the aforesaid observations.
Order pronounced in open court on 27th day of January, 2025. Sd/- (रवीश सूद /RAVISH SOOD) �या�यक सद�य/JUDICIAL MEMBER रायपुर/ RAIPUR ; �दनांक / Dated : 27th January, 2025. SB, Sr. PS. आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant. 2. ��यथ� / The Respondent. 3. The Pr. CIT-1, Raipur (C.G) 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण,रायपुर ब�च, रायपुर / DR, ITAT, Raipur Bench, Raipur. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपील�य अ�धकरण, रायपुर / ITAT, Raipur.
