INCOM TAX OFFICER , WARD -2, AKOLA V. SHRI SAGAR VASANT KHANDELWAL, AKOLA

ITA 275/NAG/2019

AI Insights

The case involves appeals by Shri Gaurav Vasant Khandelwal and Shri Sagar Vasant Khandelwal against the orders of the Commissioner of Income Tax (Appeals) for the assessment year 2011-12. The assessee opted for the Direct Tax Vivad Se Vishwas Scheme 2024, which is a dispute resolution scheme. They filed a declaration and paid the requisite taxes as per the scheme. The tribunal, acknowledging the assessee's participation in the scheme, dismissed the appeals but allowed for the possibility of restoration and re-filing if the scheme's outcome is unsatisfactory.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 41533 (ITAT-NAGPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Laws Referred To: The Direct Tax Vivad Se Vishwas Scheme 2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHAY Y. MARATHE
• Assessee Lawyers: KISHORE P. DEWANI

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.274 /Nag./2019 (Assessment Year : 2011–12) Income Tax Officer Ward–2, Akola ……………. Appellant v/s Shri Gaurav Vasant Khandelwal Khandelwal Alankar Kendra Gandhi Road, Akola 444 001 PAN – AVNPK1907G ……………. Respondent ITA no.275/Nag./2019 (Assessment Year : 2011–12) Income Tax Officer Ward–2, Akola ……………. Appellant v/s Shri Sagar Vasant Khandelwal Khandelwal Alankar Kendra Gandhi Road, Akola 444 001 PAN – AVNPK1907G ……………. Respondent Assessee by : Shri Kishore P. Dewani Revenue by : Shri Abhay Y. Marathe Date of Hearing – 05/03/2025 Date of Order – 21/03/2025 O R D E R PER K.M. ROY, A.M. The aforesaid appeals by the assessee are against the impugned orders of even date 05/07/2019, passed by the learned Commissioner of Income Tax (Appeals)–1, Nagpur, [“learned CIT(A)”], for the assessment year 2011–12. 2 Shri Gaurav Vasant Khandelwal Shri Sagar Vasant Khandelwal ITA no.274–275/Nag./2019 2. During the course of hearing, the assessee furnished an application dated nil, received by the Registry on 27/02/2025, stating as under:– “The assessee respectfully begs to submit as under: 1. In the case of assessee appeal is pending before Hon'ble Bench for Asstt. Year 2011-12 vide Appeal No. 274/NAG/2019. 2. The assessee has opted to settle dispute under The Direct Tax Vivad Se Vishwas Scheme 2024. Assessee has filed declaration and undertaking in Form No.1 on 26/12/2024 under The Direct Tax Vivad Se Vishwas Scheme 2024 in respect to aforesaid pending appeal. The assessee has received Certificate in Form No.2 from PCIT-1 Nagpur on 14/01/2025. The assessee has paid the requisite taxes as determined in Form No.2 Certificate issued under Form No.2 and copy of challan is enclosed herewith. In view of above, assessee requests for withdrawal of aforesaid appeal of assessee. The assessee humbly requests to kindly accept this application and assessee be permitted to withdraw the appeal. 3. The learned Counsel for the assessee submitted before us that the assessee has opted for the Direct Tax Vivad se Vishwas Scheme, 2024 (DTVsV Scheme, 2024) and hence he may be permitted to withdraw these appeals. He, however, requested the Bench that in the event of Department’s decision is not acceptable to the assessee, the assessee be granted liberty to file fresh appeal before the Tribunal. The learned Departmental Representative has no objection in the submissions of the assessee. 4. We have heard the arguments of the parties, perused the material available on record and gone through the orders of the authorities below. In view of the submissions made by the learned Counsel for the assessee as aforesaid, we are of the opinion that in case, the assessee does not succeed on the declaration filed under DTVsV Scheme, in that event the assessee will be at liberty get these appeals restored in its original position by filing Miscellaneous Applications and recall this consolidated order for hearing on merits. 3 Shri Gaurav Vasant Khandelwal Shri Sagar Vasant Khandelwal ITA no.274–275/Nag./2019 5. In the result, appeals filed by the assessee dismissed. Order pronounced in the open Court on 21/03/2025 Sd/- V. DURGA RAO JUDICIAL MEMBER Sd/- K.M. ROY ACCOUNTANT MEMBER NAGPUR, DATED: 21/03/2025 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur "