M/S EKLAVYA PROJECT PVT.LTD.,RANCHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RANCHI, RANCHI
Facts
Two assessees, M/s Eklavya Project Pvt. Ltd. and M/s Eklavya Estate Pvt. Ltd., filed appeals for A.Y. 2017-18 against separate CIT(A) orders. Both assessees subsequently filed applications indicating their intention to proceed under the Vivad Se Vishwas Scheme-2024 (VSVS-2024) for tax dispute settlement.
Held
The Tribunal dismissed both appeals as withdrawn, acknowledging that keeping appeals pending becomes moot when the assessee opts for a settlement scheme. It granted the assessees the liberty to apply for reinstatement of the appeals if they ultimately fail to avail the benefits of the VSVS Scheme-2024.
Key Issues
Whether appeals should be dismissed as withdrawn when the assessee opts for the Vivad Se Vishwas Scheme-2024, and the terms for potential reinstatement if the scheme is not availed.
Sections Cited
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Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI DUVVURU RL REDDY & SHRI RATNESH NANDAN SAHAY
IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE SHRI DUVVURU RL REDDY, VICE PRESIDENT AND SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITA No. 256 & 257/Ran/2024 Assessment Year: 2017-18) M/s Eklavya Project Pvt. Ltd., D.C.I.T., H-95, Harmu Housing Colony, Ranchi. Central Circle-2, Vs. PAN No. AACCE 5004 D Ranchi. Appellant/ Assessee Respondent/ Revenue
ITA No. 257/Ran/2024 Assessment Year: 2017-18) M/s Eklavya Estate Pvt. Ltd., D.C.I.T., H-95, Harmu Housing Colony, Ranchi. Central Circle-2, Vs. PAN No. AABCE 5815 F Ranchi. Appellant/ Assessee Respondent/ Revenue
Assessee represented by Petition filed Department represented by Shri Khubchand T. Pandya, Sr.DR Date of hearing 22/07/2025 Date of pronouncement 04/08/2025 O R D E R PER: RATNESH NANDAN SAHAY, A.M. 1. Both these appeals filed by the assessee(s) emanates from the separate orders of the learned Commissioner of Income Tax (Appeals), Patna -3, Patna [in short, the ld. CIT(A)] both dated 29/12/2023 for the A.Y. 2017-18. as per the grounds of appeal on record. Both these appeals of the assessee are interconnected, therefore, with the consent of parties, both these appeals were clubbed and heard together and are being decided by this common order. 2. In both these appeals, the assessee(s) had filed applications stating that they are proceeding for Vivad Se Vishwas Scheme-2024 (VSVS-2024) of the department. This was also accepted by the learned Senior Departmental
ITA No. 256 & 257/Ran/2024 M/s Eklavya Project P Ltd. Vs DCIT & 1 Anr appeal Representative (ld. Sr. DR) for revenue that when the assessee has opted for the settlement of tax dispute within the said scheme of the department, it does not serve any purpose to keep the appeal pending before the Tribunal at this stage. We therefore, treat these appeals of the assessee being dismissed as withdrawn with the liberty that in case the assessee fails to avail VSVS Scheme-2024, it shall be allowed to apply for the reinstatement of these appeals. Accordingly, these appeals of the assessee are dismissed as withdrawn. 3. In the result, both these appeals of assessee are dismissed. Order announced in open court on 04/08/2025. Sd/- Sd/- (DUVVURU RL REDDY) (RATNESH NANDAN SAHAY) VICE PRESIDENT ACCOUNTANT MEMBER Ranchi, Dated: 04/08/2025 *Ranjan Copy to: 1. Assessee 2. Revenue 3. CIT 4. DR By order 5. Guard File
Sr. Private Secretary, ITAT, Ranchi
