RAJESH KUMAR PANDEY,RAMGARH V. ITO, WARD 2(4), RANGARH

ITA 402/RAN/2024

AI Insights

This case involves an appeal by Rajesh Kr. Pandey against the order of the Commissioner of Income Tax (Appeals), Ranchi, for the assessment year 2011-12. The appeal was related to a dispute that the assessee decided to settle under the 'Vivad se Vishwas Scheme, 2024', as per Section 91 of the Finance (No. 2) Act, 2024. The competent authority had accepted the assessee's declaration under this scheme, issuing Form No. 2, and the assessee was awaiting the issuance of Form No. 4 for the final settlement. Both parties agreed to the withdrawal of the appeal, subject to the condition that the appeal could be revived if the settlement did not materialize.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 779310 (ITAT-RANCHI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 28-10-2024
• Laws Referred To: Finance (No. 2) Act, 2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL BENCH-RANCHI VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Ratnesh Nandan Sahay, Accountant Member I.T.A. No.402/Ran/2024 Assessment Year: 2011-12 Rajesh Kr. Pandey…………….……………............................……….……Appellant M/s Ramgarh Sponge Iron, Near Punjab National Bank Main Road, Ramgarh, Jharkhand – 829122. [PAN: AUHPP5179N] vs. ITO, Ward-2(4), Ramgarh.…...…..….…..….........……........……...…..…..Respondent Appearances by: None appeared on behalf of the appellant. Shri Khubchand T. Pandya, Sr. DR, appeared on behalf of the Respondent. Date of concluding the hearing : October 13, 2025 Date of pronouncing the order : October 15, 2025 ORDER Per Sonjoy Sarma, Judicial Member: This appeal by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals), Ranchi, for the assessment year 2011–12. 2. At the time of hearing, the learned Authorised Representative (AR) of the assessee filed a written application dated 13.10.2023, submitting that the instant appeal has been settled under the “Vivad se Vishwas Scheme, 2024” (VSVS), as per Section 91 of the Finance (No. 2) Act, 2024. 3. It was further submitted that the competent authority has been pleased to issue Form No. 2 dated 21.08.2025, thereby accepting the declaration filed by the assessee under the said Scheme. The assessee is now awaiting issuance of Form No. 4 for final settlement of the dispute. Accordingly, the assessee prayed for permission to withdraw the present appeal, with a liberty to seek revival in the event the matter is not ultimately settled under the said Scheme. Printed from counselvise.com I.T.A. No.402/Ran/2024 Rajesh Kr. Pandey 2 4. The learned Departmental Representative, on the other hand, did not object to the request made by the assessee for withdrawal of the appeal, subject to liberty for revival if the settlement does not materialize. 5. We have considered the submissions. Since the assessee’s declaration under the Vivad se Vishwas Scheme, 2024 has been duly accepted by the competent authority, and Form No. 2 has already been issued, the instant appeal has become infructuous. Accordingly, the appeal filed by the assessee is dismissed as withdrawn, with a liberty to the assessee to seek restoration of the appeal in case the dispute is not finally settled by the competent authority. 6. In the result, the appeal of the assessee is dismissed as withdrawn, with liberty as stated above. Kolkata, the 15th October, 2025. Sd/- Sd/- [Ratnesh Nandan Sahay] [Sonjoy Sarma] Accountant Member Judicial Member Dated: 15.10.2025. RS Copy of the order forwarded to: 1. Appellant 2. Respondent 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches Printed from counselvise.com "