KANODIA VYAPAR COMPANY PVT. LTD.,KOLKATA V. I.T.O., WARD - 9(1), KOLKATA

ITA 2015/KOL/2024

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Kanodia Vyapar Company Pvt. Ltd. appealed against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi, which was passed under section 250 of the Income Tax Act, 1961, for the assessment year 2016-17. The original order was issued under section 147 of the Act. On February 12, 2025, the company's legal representative informed the tribunal about their participation in the Vivad se Vishwas Scheme, 2024, and requested the withdrawal of the appeal. The tribunal granted the request, dismissing the appeal as withdrawn, with the provision that it could be reinstated if necessary.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 36251 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147; 250; 10

Judgement Text

"आयकर अपीलीय अधिकरण कोलकाता 'एसएमसी' पीठ, कोलकाता में IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA श्री संजय शमाा, न्याधयक सदस्य एवं श्री राक ेश धमश्रा, लेखा सदस्य क े समक्ष Before SHRI SONJOY SARMA, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER I.T.A. No.: 2015/KOL/2024 Assessment Year: 2016-17 Kanodia Vyapar Company Pvt. Ltd. Vs. ITO, Ward-9(11), Kolkata (Appellant) (Respondent) PAN: AABCK0756F Appearances: Assessee represented by : Rana Dey (On behalf of Miraj D. Shah). Department represented by : Archana Gupta, Add. CIT, Sr. DR. Date of concluding the hearing : February 12th, 2025 Date of pronouncing the order : February 12th, 2025 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, Page | 2 I.T.A. No.: 2015/KOL/2024 Assessment Year: 2016-17 Kanodia Vyapar Company Pvt. Ltd. 1961 (hereinafter referred to as “the Act”) for AY 2016-17 dated 01.08.2024, which has been passed against the order u/s 147 of the Act, dated 14.05.2023. 2. At the outset, on 12.02.2025 it was informed by the Ld. AR that the assessee has availed the Vivad se Vishwas, 2024 scheme. A request was made to withdraw the appeal as the dispute is proposed to be settled under Vivad se Vishwas Scheme, 2024. A copy of Form No. 1 was enclosed and it was requested that the leave may be granted to restore this appeal if the VsVs application fails for any reason. Since the assessee has opted for the Vivad Se Vishwas Scheme, hence the present appeal is infructuous and needs to be dismissed as withdrawn. The Ld. DR did not object to the withdrawal of the appeal. 3. As per S. No. 10 of the Guidance Note 1/2024 on provisions of the Direct Tax Vivad se Vishwas Scheme, 2024 dated 15th October, 2024, it is mentioned that as per section 91(2) of the Scheme, after filing of declaration, appeals before ITAT/CIT(A)/JCIT(A) are deemed to be withdrawn from the date of issue of certificate by the Designated Authority. Further as per section 91(3) of the Scheme, the taxpayer is required to withdraw appeals and furnish proof thereof along with intimation of payment u/s 92(2) of the Scheme. Since the assessee has requested for withdrawal of the appeal, it is permitted to withdraw the same and the appeal is dismissed as withdrawn. However, if the subsequent facts warrant that the appeal should be heard on merits, the assessee shall be at liberty to file a Miscellaneous Application for restoration of the appeal. Page | 3 I.T.A. No.: 2015/KOL/2024 Assessment Year: 2016-17 Kanodia Vyapar Company Pvt. Ltd. 4. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 12th February, 2025. Sd/- Sd/- [Sonjoy Sarma] [Rakesh Mishra] Judicial Member Accountant Member Dated: 12.02.2025 Bidhan (P.S.) Page | 4 I.T.A. No.: 2015/KOL/2024 Assessment Year: 2016-17 Kanodia Vyapar Company Pvt. Ltd. Copy of the order forwarded to: 1. Kanodia Vyapar Company Pvt. Ltd., 15/1, Sovaram Bysack Street, 1st Floor, R.No. 1, West Bengal, 700007. 2. ITO, Ward-9(11), Kolkata. 3. CIT(A)-NFAC, Delhi. 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. 6. Guard File. //True copy // By order Assistant Registrar ITAT, Kolkata Benches Kolkata "