RAMRAO MANNAJI NANDAKUMARI,BANGALORE vs. INCOME TAX OFFICER, WARD -1(2)(1), BENGALURU
Facts
The assessee filed an appeal against the order of the ld. Addl./JCIT(A)-2, Gurugram. During the hearing, the assessee's Authorized Representative (AR) submitted an application for withdrawal of the appeal along with Form-2.
Held
The assessee has opted for resolution under the Vivad Se Vishwas Scheme, 2024, which requires the withdrawal of pending appeals. The AR submitted that the appeal pending before the Tribunal should be permitted to be withdrawn in compliance with the scheme.
Key Issues
Whether the appeal can be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme, 2024?
Sections Cited
250 of the Income Tax Act, 1961, 92 of the Finance (No. 2) Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SMC-‘C’ BENCH : BANGALORE
Before: SHRI PRASHANT MAHARISHI, VICE – & SHRI KESHAV DUBEY
IN THE INCOME TAX APPELLATE TRIBUNAL SMC-‘C’ BENCH : BANGALORE
BEFORE SHRI PRASHANT MAHARISHI, VICE – PRESIDENT AND SHRI KESHAV DUBEY, JUDICIAL MEMBER
ITA No. 2309/Bang/2024 Assessment Year : 2008-09
Ms. Ramrao Mannaji Nandakumari, No. 69, Nandhana, 9th Main, 5th Cross, Coffee The Income Tax Board Layout, Officer, Hebbal, Kempapura, Ward – 1 (2)(1), Bangalore North, Bangalore. Hebbal, Vs. Kempapura S.O., Bangalore – 560 024. PAN: ABDPN8854F APPELLANT RESPONDENT
Assessee by : Shri Mukesh Jain, CA : Shri Ganesh R Gale, Standing Counsel Revenue by for Dept.
Date of Hearing : 30-12-2024 Date of Pronouncement : 30-12-2024
ORDER PER KESHAV DUBEY, JUDICIAL MEMBER This appeal at the instance of the assessee is directed against the order of the ld. Addl./JCIT(A)-2, Gurugram dated 03/09/2024 passed u/s. 250 of the Income Tax Act, 1961 (in short “the Act”) for the A.Y. 2008-09.
During the course of hearing, the Ld.AR of the assessee drew our attention to the application dated 27/12/2024 filed for withdrawal of Appeal
Page 2 of 2 ITA No. 2309/Bang/2024 along with the Form-2 dated 19/12/2024 and submitted that the assessee has opted for resolution under the Vivad Se Vishwas Scheme, 2024 and accordingly the ld. Principal Commissioner had already issued the copy of form- 2 i.e. certificate under sub-section (1) of section 92 of the Finance (No. 2) Act, 2024. The AR further submitted that as per the provisions of said scheme, any pending appeal is required to be withdrawn to pursue resolution under said scheme and therefore in compliance to the said scheme, prayed that the appeal pending before this Tribunal may be permitted to be withdrawn. We accordingly, after perusal of the application & Form-2 as well as at the request of the Ld.AR of the assessee, dismiss this appeal of the assessee as withdrawn with the liberty to reinstate the appeal if the assessee’s application under direct taxes Vivad Se Vishwas Scheme 2024 are not accepted.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 30th December, 2024.
Sd/- Sd/- (PRASHANT MAHARISHI) (KESHAV DUBEY) Vice – President Judicial Member Bangalore, Dated, the 30th December, 2024. /MS /
Copy to: 1. Appellant 2. Respondent 3. CIT 4. DR, ITAT, Bangalore 5. Guard file 6. CIT(A) By order
Assistant Registrar, ITAT, Bangalore
