SHIVRASHI EXIM LIMITED,BARIATU vs. ACIT, CENTRAL CIRCLE-1, RANCHI
Facts
The assessee filed an appeal against the CIT(A)'s order for the assessment year 2012-13. During the hearing, the assessee's representative stated that an application under the VSVS Scheme, 2024, was pending for settlement, and requested to withdraw the appeal with liberty to revive it if the settlement failed.
Held
The Tribunal noted the assessee's application under the VSVS Scheme and the likelihood of amicable settlement. Consequently, the appeal was dismissed as withdrawn, granting the assessee liberty to file an application for revival if the settlement under the scheme does not materialize.
Key Issues
Whether to dismiss the appeal as withdrawn, with liberty to revive, in light of the assessee's pending application under the Vivad se Vishwas Scheme, 2024.
Sections Cited
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Income Tax Appellate Tribunal, “RANCHI BENCH”, RANCHI
Before: SHRI SONJOY SARMA, JM & SHRI RATNESH NANDAN SAHAY, AM
IN THE INCOME TAX APPELLATE TRIBUNAL “RANCHI BENCH”, RANCHI BEFORE SHRI SONJOY SARMA, JM & SHRI RATNESH NANDAN SAHAY, AM (THROUGH HYBRID MODE) आयकर अपील सं./ITA No.59/RAN/2024 (निर्धारण वर्ा / Assessment Year :2012-2013) Shivrashi Exim Limited, Vs. ACIT, Central Circle-1, Unit No.2, Ground Floor, Shri Ranchi Radhe Krishna Garden, Jharkhand-834009 स्थायी लेखा सं./PAN No. :AAQCS 9293 N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee by : Shri R.R.Mittal, AR : Shri Khubchand T. Pandya, Sr.DR राजस्व की ओर से /Revenue by सुनवाई की तारीख / Date of Hearing : 28/08/2025 घोषणा की तारीख/Date of Pronouncement : 09/10/2025 आदेश / O R D E R Per Sonjoy Sarma, JM : The above captioned appeal is filed by the assessee against the order dated 31.01.2024, passed by the ld. CIT(A), Patna-3 for the assessment year 2012-2013. 2. At the time of hearing, ld. AR fairly stated that the assessee has chosen to file an application under VSVS Scheme, 2024 and the process is at the final stage and assessee is waiting for Form No.4 from the competent authority. The assessee also stated that there is a fair chance to settle the matter under the said scheme. Therefore, at this stage, the appeal of the assessee ay be dismissed as withdrawn. In case, the
2 ITA No.59 /Ran/2024 settlement is not materialized, in that event the assessee may be allowed to file an application for revival of the case. 3. Ld. Sr. DR has not raised any objection on such submission made by the ld.AR. 4. Considering the submission of both the parties and perusing the material available on record, we find that since the assessee has availed the benefit under the VSVS Scheme, 2024 and it is likely that the matter may be settled there amicably, therefore, considering these aspects, we dismiss the appeal of the assessee as withdrawn. In case, the issue is not materialized there, in that event the assessee may file an appropriate application for revival of the case. 5. In terms of the above, appeal of the assessee is dismissed. Order pronounced on 09/10/2025.
Sd/- Sd/- (RATNESH NANDAN SAHAY) (SONJOY SARMA) लेखा सदस्य / ACCOUNTANT MEMBER न्यायिक सदस्य / JUDICIAL MEMBER रधाँची Ranchi; दिनांक Dated 09/10/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनिलिपि अग्रेपर्ि/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant- . 2. प्रत्यर्थी / The Respondent- 3. आयकि आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. निभागीय प्रनतनिनर्, आयकि अपीलीय अनर्किण, रधाँची / DR, ITAT, Ranchi 6. गार्ड फाईल / Guard file. सत्यापपत प्रतत //True Copy// आदेशधिुसधर/ BY ORDER, (Senior Private Secretary) आयकर अिीिीय अधर्करण, रधाँची / ITAT, Ranchi
