KAMALDHAN CONCLAVE LIMITED,BARIATU vs. ACIT, CENTRAL CIRCLE-1, RANCHI
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
Per Sonjov Sarma, Judicial Member:
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.
In the result, the appeal is dismissed as withdrawn with liberty as above. Kolkata, the 7th August, 2025. 1- [Ratnesh Nandan Sahay] Accountant Member 1- [Sonjoy Sarma] Judicial Member Dated: 07.08.2025. RS
Appellant
Respondent
CIT(A)-
CIT-
CIT(DR), ////
