ASHUTOSH SHARMA,GWALIOR vs. ITO WARD 3(1), GWALIOR
Facts
The assessee availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and filed a declaration in Form No. 1. The Department issued Form No. 2, a certificate under Section 92 of the Finance Act, 2024, in relation to the scheme. The assessee then sought to withdraw the appeal.
Held
The assessee's counsel requested to withdraw the appeal, stating that the assessee has opted for the Direct Tax Vivad Se Vishwas Scheme. The Department has no objection to the withdrawal.
Key Issues
Whether the appeal can be withdrawn by the assessee consequent to availing the Direct Tax Vivad Se Vishwas Scheme.
Sections Cited
147, 143(3), 92 of the Finance (No. 2) Act, 2024
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Income Tax Appellate Tribunal, AGRABENCH, AGRA
Before: SHRI RAMIT KOCHAR & SHRI SUDHIR KUMAR
IN THE INCOME TAX APPELLATE TRIBUNAL, AGRABENCH, AGRA
BEFORE : SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER And SHRI SUDHIR KUMAR, JUDICIAL MEMBER
ITA No. 39/Agr/2024 Assessment Year: 2017-18
Ashutosh Sharma, Income-tax Officer, A-430, Balwant Nagar, v. Ward 3(1), Thatipur, Gwalior-474011 Aayakar Bhawan, City Centre, Madhya Pradesh Gwalior-474011, Madhya Pradesh PAN :GKYPS9337C (Appellant) (Respondent)
Assessee by Shri Manuj Sharma, Advocate Revenue by Shri Shailendra Srivastava, Sr. DR
Date of hearing 15.01.2025 Date of pronouncement 28.01.2025
ORDER PER RAMIT KOCHAR, Accountant Member:
This appeal in ITA No.39/Agr/2024 for the assessment year 2017-
18 has arisen from the appellate order dated08.12.2023 [DIN & Order
No. ITBA/NFAC/S/250/2023-24/1058602603(1)], passed by learned
Commissioner of Income-tax (Appeals), NFAC, Delhi, which, in turn, has
arisen from the assessment order dated 04.12.2019 passed by
Assessing Officer u/s. 147 r.w.s. 143(3) of the Income-tax Act, 1961.
ITA No.39/Agr/2024
At the outset, learned counsel for the assessee submitted that the
assessee has availed Direct Tax Vivad Se Vishwas Scheme, 2024, and
has duly filed declaration in Form No. 1 with the Department vide
Acknowledgment No. 742208610051224 dated 05.12.2024. It was
submitted that the department has issued Form No. 2bearing
DIN/acknowledgment number 788346641301224 dated 30.12.2024
issued by ld PCIT, Gwalior ,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 ld. Counsel for the assessee. Prayers were made by ld.
Counsel for the assessee that in view thereof the assessee wants to
withdraw its appeal in ITA No. 39/Agr/2024 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.
39/Agr/2024 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 ld. Counsel for the
assessee before the Bench wherein Certificate in Form No. 2 (Under 2 | P a g e
ITA No.39/Agr/2024
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,
Gwalior is placed on record by ld counsel for the assessee vide
application dated 09.01.2025 requesting for withdrawal of the aforesaid
appeal. We order accordingly.
In the result, appeal of the assessee in ITA no. 39/Agr/2024 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: 28/01/2025 *aks/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra
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