VISHAL CHOUDHURY AND SONS,TINSUKIA vs. INCOME TAX OFFICER, WARD-1, TINSUKIA
Facts
The assessee filed an appeal against the CIT(A)'s order for AY 2015-16. During the hearing, it was brought to the Tribunal's attention that the assessee had already opted for the Vivad Se Vishwas Scheme 2024 (VSVS 2024) and filed the requisite Form No.1. Consequently, the assessee sought to withdraw the appeal, a request which was not opposed by the ld. DR.
Held
The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's participation in the VSVS 2024 Scheme. However, the Tribunal granted the assessee the liberty to file a miscellaneous application to revive the appeal if they are unsuccessful in the VSVS-24 for any reason.
Key Issues
Whether an appeal should be dismissed as withdrawn when the assessee opts for the Vivad Se Vishwas Scheme, and whether liberty should be granted to revive the appeal if the scheme's resolution is unsuccessful.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI
Per Rajesh Kumar, AM:
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 13.09.2023 for the AY 2015-16.
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 before the Bench 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Hence, we are dismissing the appeal as withdrawn with a liberty to the assessee to get the appeal revived by filing necessary
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 29.01.2025.
Sd/- Sd/- (MANOMOHAN DAS) (RAJESH KUMAR) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Kolkata, Dated: 29.01.2025 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, Guwahati