THE KRISHNA FARMERS SERVICE COOPERATIVE SOCIETY LIMITED,JAGGAIAHPET V. INCOME TAX OFFICER, WARD -1(3), VIJAYAWADA

ITA 131/VIZ/2025

AI Insights

The case involved The Krishna Farmers Service Cooperative Society Limited appealing against an order from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, which arose from an order passed under sections 147 and 144B of the Income Tax Act, 1961 for the assessment year 2018-19. During the tribunal hearing, the assessee submitted a letter seeking permission to withdraw the appeal, citing their participation in the 'Direct Tax Vivad Se Vishwas Scheme, 2024' and the subsequent settlement of their tax liabilities. The Departmental Representative did not object to this withdrawal. Consequently, the tribunal dismissed the appeal as withdrawn, granting the assessee the liberty to approach the tribunal again if their case is not settled under the scheme.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 633190 (ITAT-VISAKHAPATNAM)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147

Judgement Text

"1 ITA 131/Viz/2025 The Krishna Farmers Service Coop Society Lte vs. ITO Page No. 1 आयकरअपीलीयअधिकरण, धिशाखापटणमपीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM श्री वी. दुर्गा रगव, न्याधयक सदस्य, एिं श्री एस बालाक ृष्णन, लेखा सदस्य क ेसमक्ष BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A. No.131/Viz/2025 (निर्गारण वर्ा/ Assessment Year:2018-19) The Krishna Farmers Service Cooperative Society Limited, Jaggaiahpet-521175. PAN: AACAT7996F v. Income Tax Officer, Ward-1(3), Vijayawada. (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाताकाप्रतततितित्व/ Assessee Represented by : None राजस्वकाप्रतततितित्व/ Department Represented by : Dr. Aparna Villuri, Sr. AR सुिवाईसमाप्तहोिेकीततति/ Date of Conclusion of Hearing : 02/06/2025 घोर्णगकीतगरीख/Date of Pronouncement : 09/06/2025 आदेश /O R D E R PER SHRI V. DURGA RAO, JM: 1. This appeal is filed by the assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter in short “Ld. CIT(A)”] vide order dated 19/12/2024 arising out of the order passed U/s. 147 r.w.s 144B of Income Tax Act, 1961 (in short ‘Act’) for the A.Y. 2018-19. 2 ITA 131/Viz/2025 The Krishna Farmers Service Coop Society Lte vs. ITO Page No. 2 2. At the time of hearing of the appeal, none appeared before us on behalf of the assessee. However, from the record we find that the assessee has filed a letter, dated 18/04/2025, seeking permission of the Bench to withdraw the appeal and also mentioned that as the assessee had opted for the “Direct Tax Vivad Se Vishwas Scheme, 2024\" (“DTVSV”, for short) and received Form No.2 from the competent Authorities determining the tax payable as Rs. 9,40,241/-. Thereafter, the assessee, vide Challan No. 836, KDCC Bank, Jaggaiahpet has paid the tax demand of Rs. 9,40,241/-. The assessee has also submitted Form.4, issued by the Ld. Pr. CIT, Vijayawada ie., Order for full and final settlement of tax U/s. 92(2) r.w.s 93 of the Act, dated 23/05/2025. Therefore, it is the prayer of the assessee that it may be permitted to withdraw the appeal. 3. The Learned Departmental Representative (“Ld. DR”) did not object to the submissions of the assessee. 4. On a perusal of the assessee’s submissions filed before us with respect to their decision to opt for the “Direct Tax Vivad Se Vishwas Scheme, 2024\", considering the same, we hereby allow the assessee to withdraw its appeal. Accordingly, we dismiss the assessee’s appeal as withdrawn with a liberty to the assessee to approach the Tribunal if for any reason it’s case is not finally settled under the DTVSV. 3 ITA 131/Viz/2025 The Krishna Farmers Service Coop Society Lte vs. ITO Page No. 3 5. In the result, appeal of the assessee is dismissed. 6. Order pronounced in the open court on 09th June, 2025. Sd/- (एस बालाक ृष्णन) (S. BALAKRISHNAN) लेखा सदस्य/ACCOUNTANT MEMBER Sd/- (िी. दुर्ाा राि)Sd/- (V. DURGA RAO) न्याधयक सदस्य/JUDICIAL MEMBER आदेशकीप्रनतनलनपअग्रेनर्त/ Copy of the order forwarded to :- 1. निर्गाररती/ The Assessee : The Krishna Farmers Service Cooperative Society Limited, s-100-1, Ayyappanagar, Jaggaiahpety, Krishna District, 521175, Andhra Pradesh. 2. रगजस्व/ The Revenue : Income Tax Officer, Ward-1(3), CR Buildings, 1st Floor, MG Rad, Vijayawada, Andhra Pradesh- 520002. 3. The Principal Commissioner of Income Tax 4. नवभगर्ीयप्रनतनिनर्, आयकरअपीलीयअनर्करण, नवशगखगपटणम/DR,ITAT, Visakhapatnam 5. The Commissioner of Income Tax 6. र्गर्ाफ़गईल/ Guard file //True Copy// आदेशगिुसगर / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam "