INCOME TAX OFFICER, WARD 1(1), RAIPUR, RAIPUR V. M/S ARYA ENERGY LTD., RAIPUR

ITA 159/RPR/2022

AI Insights

The case involves an appeal by the Income Tax Officer-1(1), Raipur against M/s Arya Energy Limited, concerning an order passed by the Commissioner of Income-Tax (Appeals), National Faceless Assessment Centre, Delhi. The appeal was related to the assessment year 2012-13 and was initially based on an order under Sections 143(3) read with 147 of the Income-tax Act, 1961. However, the assessee had opted for the VSVS-2024 scheme, which led to the revenue's request to withdraw the appeal, contingent upon the payment of taxes by the assessee within a specified timeframe.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 469808 (ITAT-RAIPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S.L.ANURAGI
• Assessee Lawyers: BIKRAM JAIN
• Section: 143(3); 92

Judgement Text

"आयकर अपीलȣय अͬधकरण Ûयायपीठ रायपुर मɅ। IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No. 159/RPR/2022 Ǔनधा[रण वष[ / Assessment Year : 2012-13 Income Tax Officer-1(1) Raipur, O/o the Income Tax Officer-1(1), Central Revenue Building, Civil Lines, Raipur, Chhattisgarh. .......अपीलाथȸ / Appellant बनाम / V/s. M/s Arya Energy Limited, D-1, Maruti Enclave, Tatibandh, Raipur, Chhattisgarh PAN No. AAGCA2002F ……Ĥ×यथȸ / Respondent Assessee by : Shri Bikram Jain, Advocate. Revenue by : Shri S.L. Anuragi, CIT-DR. सुनवाई कȧ तारȣख / Date of Hearing : 23.12.2024 घोषणा कȧ तारȣख / Date of Pronouncement : 24.12.2024 2 Income Tax Officer-1(1) Raipur Vs. M/s Arya Energy Limited ITA No.159/RPR/2022 आदेश / ORDER Per Arun Khodpia, AM: The present appeal filed by the revenue is directed against the order passed by the Commissioner of Income-Tax (Appeals), National Faceless Assessment Centre (NFAC), Delhi, dated 10.05.2022, which in turn arises from the order passed by the Assessing Officer (A.O.) under Sec. 143(3) r.w.s. 147 of the Income-tax Act, 1961 (in short ‘the Act’) dated 30.12.2019 for the assessment year 2012-13. 2. Shri Bikram Jain, Learned authorized representative (for short, Ld. AR) for the assessee respondent at the threshold submitted that the assessee company had opted for Direct Tax Vivad se Vishwas Scheme-2024 (for short, VSVS-2024), therefore, the present appeal of the revenue be treated as infructuous. 3. The Ld. AR had placed on record Form No. 2 i.e. certificate under sub-section (1) of section 92 of the VSVS-2024 to fortify his aforesaid claim. 4. Per contra, Shri S.L. Anuragi, Learned CIT-DR for the revenue submitted that though the Form No. 2 had been obtained by the assessee respondent but the challan evidencing the payment of taxes had not been filed. However, have requested to consider the appeal as withdrawn on account of assessee’s action to opt for VSVS-2024, subject to liberty for filing a Miscellaneous Application, in case, 3 Income Tax Officer-1(1) Raipur Vs. M/s Arya Energy Limited ITA No.159/RPR/2022 the assessee fail to satisfy the conditions of VSVS-2024 within the prescribed time frame, in accordance with the mandate of scheme. 5. Shri Jain, Ld. AR submitted that the corresponding taxes would be paid by the assessee company within a time span of fifteen days. 6. We have heard the learned authorized representatives of both the parties and perused the materials available on record. 7. As the assessee company had opted for VSVS-2024, therefore, the captioned appeal filed by the revenue in the backdrop of the aforesaid facts is allowed to be withdrawn. 8. Before parting, we may herein observe that the withdrawal of the captioned appeal is subject to a condition that the assessee would place on record the challan evidencing to payment of corresponding taxes within a period of fifteen days from the date of this order. 9. Thus, in terms of the our aforesaid observation, the appeal is allowed to be withdrawn with a liberty to the revenue to carry out the matter by way of filing of an miscellaneous application, in case, the requisite conditions under the VSVS-2024 are not found to have been satisfied by the assessee company. 10. Resultantly, the appeal filed by the revenue is dismissed as withdrawn subject to our aforesaid observations. 4 Income Tax Officer-1(1) Raipur Vs. M/s Arya Energy Limited ITA No.159/RPR/2022 Order pronounced in open court on 24th day of December, 2024. Sd/- (RAVISH SOOD) Sd/- (ARUN KHODPIA) ÛयाǓयक सदèय / JUDICIAL MEMBER लेखा सदèय / ACCOUNTANT MEMBER रायपुर/ RAIPUR ; Ǒदनांक / Dated : 24th December, 2024. *Hem आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of the Order forwarded to : 1. अपीलाथȸ / The Appellant. 2. Ĥ×यथȸ / The Respondent. 3. The Pr. CIT, Raipur-1 (C.G) 4. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय अͬधकरण, रायपुर बɅच, रायपुर / DR, ITAT, Raipur Bench, Raipur. 5. गाड[ फ़ाइल / Guard File आदेशानुसार / BY ORDER, //True copy// Ǔनजी सͬचव / Private Secretary आयकर अपीलȣय अͬधकरण, रायपुर / ITAT, Raipur. "