KAMALDHAN CONCLAVE LIMITED,BARIATU vs. ACIT, CENTRAL CIRCLE-1, RANCHI

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ITA 58/RAN/2024Status: DisposedITAT Ranchi07 August 2025AY 2012-2013Bench: Shri Sonjoy Sarma (Judicial Member), Shri Ratnesh Nandan Sahay, Accountant Member Ι.Τ.Α. No.58/Ran/2024 Assessment Year: 2012-13 Kamaldhan Conclave Ltd...... ..........Appellant Unit no.2, Ground Floor, Sri Radhe Krishan Garden, Jharkhand-834009. [PAN: AAECK6247N] vs. ACIT, CENTRAL CIRCLE-1, RANCHI.... Respondent Appearances by: Shri R. R. Mittal, AR, appeared on behalf of the appellant. Shri Khubchand T. Pandya, Sr. DR, appeared on behalf of the Respondent. Date of concluding the hearing:

AI SummaryDismissed as withdrawn

Facts

The assessee filed an appeal against the CIT(A)'s order. During the hearing, the assessee informed the Tribunal that it had opted for the Direct Tax Vivad se Vishwas scheme, filed Form No. 1, and was awaiting Form No. 2. The assessee sought to withdraw the appeal, requesting liberty to restore it if the settlement under the scheme does not materialize.

Held

The Tribunal allowed the assessee to withdraw the appeal, noting that the assessee had opted for the Vivad se Vishwas scheme and Form No. 2 was pending. The Tribunal granted liberty to the assessee to seek revival of the appeal by filing an appropriate application if the settlement under the scheme does not fructify.

Key Issues

Whether to allow the withdrawal of an appeal by the assessee who has opted for the Direct Tax Vivad se Vishwas scheme, with the condition of liberty to revive the appeal if the scheme's settlement fails.

Sections Cited

Income Tax Act, 1961: Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENCH-RANCHI

Before: Shri Sonjoy Sarma & Shri Ratnesh Nandan SahayΙ.Τ.Α. No.58/Ran/2024

order

: August 07, 2025 ORDER

Per Sonjov Sarma, Judicial Member:

1. The present appeal has been preferred by the assessee against an order dated 20.01.2024 of the Commissioner of Income Tax, Appeal CIT(A), Patna-3 (hereinafter referred to as "CIT(A)"] passed u/s 250 of the Income Tax Act (hereinafter referred to as the 'Act').

At the time of hearing, the Ld. Authorised Representative for the assessee submitted that the assessee has opted to settle the dispute under the Direct Tax Vivad se Vishwas scheme and has duly filed Form No.

However, Form No. 2 acknowledging acceptance of the declaration by the competent authority has not yet been received. It is submitted that the matter is likely to be resolved under the said scheme in due course. In view of the above, the assessee sought permission to withdraw the present appeal, with liberty to seek restoration of the appeal in the event the settlement under the Vivad se Vishwas scheme does not materialise.

The Ld. Departmental Representative did not raise any objection to the prayer made by the assessee.

We after considering the rival submissions and examining the records, we find that since the assessee has opted for settlement under the Vivad se Vishwas scheme, and Form No. 2 is awaited, the present appeal is not pressed at this stage. Accordingly, we permit the assessee to withdraw the appeal with liberty to seek revival by filing an appropriate application in case the settlement under the scheme does not fructify.