RAINBOW WORLDWIDE PVT. LTD.,DELHI V. ITO, WARD - 21(1), DELHI

ITA 5940/DEL/2024

AI Insights

The case involves Rainbow Worldwide Pvt. Ltd., which filed an appeal against the order of the Commissioner of Income Tax (Appeals) NFAC, Delhi, which itself arose from an order passed by the Assessing Officer. The appeal was related to the assessment year 2014-15. The assessee, represented by a written application, requested the withdrawal of the appeal following their enrollment in the Direct Tax Vivad Se Vishwas Scheme, 2024. The Department, represented by the Senior DR, did not object to the withdrawal. The tribunal, after considering the application and the absence of any supporting documents, dismissed the appeal as withdrawn.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 471962 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR DHANISHTHA
• Section: 147; 144

Judgement Text

"1 ITA no. 5940/Del/2024 A.Y. 2014-15 Rainbow Worldwide Pvt. Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘SMC’: NEW DELHI) BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT, AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No.: 5940/Del/2024 (Assessment Year: 2014-15) Rainbow Worldwide Pvt. Ltd., Plot no. A-37, GF Milap Nagar, Uttam Nagar, Delhi- 110059 v. ITO, Ward-21(1), Delhi. PAN No: AAGCR 6591 Q APPELLANT RESPONDENT Assesseeby : None (Written Application) Revenue by : Shri Rajesh Kumar Dhanishtha, Sr. DR Date of Hearing : 07.03.2025 Date of Pronouncement : 07.03.2025 ORDER PER RAMIT KOCHAR, AM: This appeal in ITA No. 5940/Del/2024, filed by the assessee for the Assessment Year 2014-15, has arisen from the appellate order dated 19.11.2024 in DIN & Order No. ITBA/NFAC/S/250/2024-25/1070465240(1) passed by learned Commissioner of Income Tax (Appeals) NFAC, Delhi u/s 2 ITA no. 5940/Del/2024 A.Y. 2014-15 Rainbow Worldwide Pvt. Ltd. 250 of the Income-tax Act, 1961 (“the Act”), which appeal before learned CIT(A) , NFAC had arisen from the order dated 26.05.2023 passed by the Assessing Officer u/s 147 read with Section 144 read with Section 144B of the Act. 2. None appears on behalf of the assessee at the hearing. However, the assessee has filed an application with the Tribunal on 28.02.2025(Inward dak no. 112 dated 28.02.2025)claiming that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024. In the application, claim is made that the assessee has filed Form No. 1 and department has issued Form No. 2 under the scheme, No evidences/details/documents of opting the aforesaid schemeare enclosed by the assessee with its aforesaid application .Prayer is made by the assessee vide aforesaid written application that the assessee wants to withdraw its appeal in ITA No. 5940/Del/2024 for assessment year 2014-15. 3. On being asked by the Bench, learned Sr. DR submitted that it is an appeal filed by the assessee and the Department has no objection if the appeal of the assessee is dismissed as being withdrawn. 4. After hearing learned DR and considering the averments made by the assessee in its application dated 28.02.2025, we hereby dismiss the appeal filed by the assessee in ITA No. 5940/Del/2024 for assessment year 2014- 15 being withdrawn. While dismissing the appeal of the assessee, we noted that no evidences/ documents/details are brought on record by the assessee for availing the scheme. Since, it is the assessee’s appeal, and it is the assessee who is praying for dismissal of its own appeal as being 3 ITA no. 5940/Del/2024 A.Y. 2014-15 Rainbow Worldwide Pvt. Ltd. withdrawn, we are dismissing this appeal filed by the assessee as being withdrawn. In case , if the department on perusal of the complete factum of the case records, came to the conclusion that the assessee is not eligible for scheme, the liberty is granted to the assessee to file application for restoration of its appeal. The order was pronounced in open court on the conclusion of hearing .We order accordingly. 5. In the result, appeal of the assessee in ITA no. 5940/Del/2024 for assessment year 2014-15 stands dismissed as being withdrawn. Order pronounced in the open court on 07.03.2025. Sd/- Sd/- (MAHAVIR SINGH) (RAMIT KOCHAR) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 11/03/2025. *MPV* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. DRP 5. DR Asst. Registrar, ITAT, New Delhi "