S.D.S.N AGROTECH PVT LTD,AGRA vs. ITO W1(3)(4), MATHURA
Facts
The assessee company filed an appeal for assessment year 2017-18. Subsequently, the assessee applied for withdrawal of the appeal, stating they had availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and submitted the relevant Form No. 2 and challan for payment.
Held
The Tribunal noted that the assessee had availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and had applied for withdrawal of the appeal. The Department had no objection to the withdrawal.
Key Issues
Whether the appeal can be withdrawn by the assessee on the ground of availing the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
Section 143(3) of the Income-tax Act, 1961, Section 92 of the Finance (No.2) Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRABENCH, AGRA
Before: SHRI RAMIT KOCHAR & SHRI SUDHIR KUMAR
PER RAMIT KOCHAR, Accountant Member:
This appeal in ITA No.144/Agr/2022 for the assessment year
2017-18 has arisen from the appellate order dated23.06.2022passed by
learned Commissioner of Income-tax (Appeals), NFAC, Delhi in appeal
ITA No.144/Agr/2022
No. CIT(Appeals) 1 Agra/10594/2019-20, which, in turn, has arisen from
the assessment order dated 27.12.2019 passed by Assessing Officer
u/s. 143(3) of the Income-tax Act, 1961.
The Director of the assessee company Shri Anshul Agarwal has
filed an application with ITAT, Agra Bench, Agra on 10.01.2025 (inward
Dak No. 2067)(placed on record in file) stating that the assessee has
availed Direct Tax Vivad Se Vishwas Scheme, 2024, and has duly
filedDeclaration in Form No. 1 with the Department vide
Acknowledgment No. 758408610181224 dated 18.12.2024. It was
submitted that the department has issued Form No. 2bearing
DIN/acknowledgment number 790744031301224dated 30.12.2024
issued by ld PCIT-1, Agra ,under Rule 5 being Certificate under Sub-
Section (1) of Section 92 of the Finance(No.2) Act, 2024(under the
Direct Tax Vivad Se Vishwas Scheme, 2024). The said Form No. 2 is
placed on record by the assessee. The assessee has also stated that
even tax demanded under VSVS , 2024 scheme vide aforesaid Form
no. 2 to the tune of Rs. 36,19,163/- was also deposited by the assesee
vide CIN no. 25010900072957CNRB with Canara Bank vide Reference
number 352509012500147985 - BSR Code 0240020- Challan No.
02228, dated 09.01.2025 . The said challan is also enclosed by the
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ITA No.144/Agr/2022
assessee with its application for withdrawal of appeal, which is placed
on record in file. Prayers are made by the assessee vide aforesaid
written application that in view thereof the assessee wants to withdraw
its appeal in ITA No. 144/Agr/2022 for assessment year 2017-18.
On being asked by the Bench, learned Sr. DR submitted that the
Department has no objection if the appeal of the assessee is allowed to
be withdrawn.
After hearing both the parties and perusing the material on record,
we hereby dismiss the appeal filed by the assessee in ITA No.
144/Agr/2022 for the assessment year 2017-18 being withdrawn by the
assessee on the ground that the assessee has availed The Direct Tax
Vivad Se Vishwas Scheme, 2024, as stated by the assessee before the
Bench vide its written application dated 10.01.2025 wherein Certificate
in Form No. 2 (Under Rule-5) being certificate under Sub-section (1) of
section 92 of Finance(No. 2) Act, 2024 under the Direct Tax Vivad Se
Vishwas Scheme, 2024, dated 30.12.2024 issued by learned Principal
CIT-1, Agra along with paid challandated 09.01.2025 is placed on
record by the assessee vide application dated 10.01.2025, requesting
for withdrawal of the aforesaid appeal. We order accordingly.
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ITA No.144/Agr/2022
In the result, appeal of the assesseein ITA no. 144/Agr/2022 for
assessment year 2017-18 stands dismissed as being withdrawn as
detailed above.
Order pronounced in the open court on 28.01.2025.
Sd/- Sd/- SUDHIR KUMAR (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra
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