Smt. Divya Agarwal, Mumbai V. Deputy Commissioner of Income Tax-4, Kanpur

ITA 359/LKW/2019

AI Insights

This case involves an appeal by Smt. Divya Agarwal against an order from the Commissioner of Income Tax (Appeals)-II, Kanpur, concerning the Assessment Year 2015-16. The appeal was initially filed contesting certain aspects of the income tax assessment. However, the assessee later decided to withdraw the appeal, as she had opted for and completed the settlement of her tax disputes under the DTVSVS scheme, which aims to resolve pending tax disputes. The tribunal acknowledged the withdrawal application and dismissed the appeal accordingly.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 123007 (ITAT-LUCKNOW)
• Duration Of Justice: 4 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-06-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 03-06-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘A’, LUCKNOW BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.359/Lkw/2019 Assessment Year: 2015-16 Smt. Divya Agarwal, Flat No.101, 1 st Floor Bldg. No.8, Seawood Estate Ltd., NRI Complex, Sector-54, 56, 58, Nerul, Navi Mumbai PAN: ALTPA 7610E Vs. The Dy. Commissioner of Income Tax-4, Kanpur (Appellant) (Respondent) O R D E R PER SUDHANSHU SRIVASTAVA, J.M.: This appeal is preferred by the assessee against the order dated 16.05.2019 passed by the Ld. Commissioner of Income Tax (Appeals)-II, Kanpur for Assessment Year 2015-16. 2. The assessee has moved an application dated 09.12.2022, which was received in the Office of the Tribunal on 15.12.2022, requesting for withdrawal of the appeal. The application reads as under: “Re: Appeal No. ITA 359/LKW/2019 in the case of Smt. Divya Agarwal, Asstt. Year: 2015-16. Respected Sir/Madam, With reference to your Notice of the date Fixed for the hearing of an Appeal under Income Tax Act, 1961 dated 25.11.2022 (Fri) the petitioner begs to submit as under for your kind consideration and request to forgive the personally present on 19-Dec-2022 (Mon) at 10.30 A.M. keeping in mind the distance and woman, we will be highly obliged for your kind acceptance: Appellant by Application for withdrawal of appeal Respondent by Shri Amit Nigam, (DR) Date of hearing 22/06/2023 Date of pronouncement 22/06/2023 I.T.A. No.359/Lkw/2019 2 01. The petitioner has filed its Form -1 of Direct Tax Vivad se Vishwas Scheme on 31.03.2021 for Asstt. Year 2015-16 02. That the petitioner has paid the income tax as determine by the department, a copy of Form- V of DTVSVS is enclosing for your kind consideration. It is most respectfully submitted that the Appeal No. ITA 359/LKW/2019 should be dismissed as per your necessary order.” 3. The Learned D.R. has no objection. 4. Accordingly, we permit the assessee to withdraw the present appeal. 5. In the result, appeal filed by the assessee is dismissed as withdrawn. (Order pronounced in the open court on 22/06/2023) Sd/- Sd/- ( ANADEE NATH MISSHRA ) (SUDHANSHU SRIVASTAVA) Accountant Member Judicial Member Dated: 22/06/2023 Aks Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(E) 5. D.R., I.T.A.T., Lucknow Asstt. Registrar