HR SR INFRASTRUCTURE COMPANY, AMBIKAPUR,AMBIKAPUR vs. INCOME TAX OFFICER-2, AMBIKAPUR, AMBIKAPUR
Facts
The assessee firm filed an appeal against an order arising from a Section 143(3) assessment for AY 2014-15. Subsequently, the assessee opted for the Vivad Se Vishwas Scheme, 2024 (VSVS 2024) and sought to withdraw the appeal, providing 'Form-1' as proof, to which the Departmental Representative had no objection.
Held
The Tribunal permitted the assessee to withdraw the appeal, dismissing it as withdrawn. It was clarified that if the order for full and final settlement of tax arrears under 'Form 4' is not passed by the designated authority, the assessee would be at liberty to seek restoration of the appeal.
Key Issues
Whether an appeal can be withdrawn by the assessee after opting for the Vivad Se Vishwas Scheme, 2024.
Sections Cited
Section 143(3) of the Income-tax Act, 1961, Vivad Se Vishwas Scheme, 2024 (VSVS 2024), Rule 4 of the Direct Tax Vivad Se Viswas 2024 (DTVSV 2024)
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)-6, Mumbai, dated 30.07.2024, 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 31.12.2016 for the assessment year 2014-15.
Shri G.S Agrawal, Ld. Authorized Representative (for short ‘AR’) for the assessee, at the threshold, submitted that as the assessee firm has opted for Vivad Se Vishwas Scheme, 2024 (VSVS 2024) in order to settle the dispute involved in the captioned appeal, therefore, as per instruction he seeks to withdraw the captioned appeal. The Ld. AR in order to buttress his aforesaid claim has placed on record “Form-1” filed by the assessee appellant as per Rule 4 of the Direct Tax Vivad Se Viswas 2024 (DTVSV 2024) for the captioned appeal.
Smt. Tarannum Verma, Ld. Sr. Departmental Representatives (for short ‘DR’) did not raise any objection to the seeking of the 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
3 HR SR Infrastructure Company Vs. ITO-2, Ambikapur ITA No. 421/RPR/2024
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 23rd day of January, 2025. Sd/- (रवीश सूद /RAVISH SOOD) �या�यक सद�य/JUDICIAL MEMBER रायपुर/ RAIPUR ; �दनांक / Dated : 23rd 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.
