Case Law Details
Gajanand Bhalotia Vs ACIT (ITAT Ranchi)
The Income Tax Appellate Tribunal (ITAT) Ranchi allowed the withdrawal of an appeal filed by Gajanand Bhalotia after he opted for the Vivad se Vishwas (VSV) Scheme. The assessee submitted a petition stating his intention to settle the tax dispute through the scheme, which has been extended until March 31, 2025. Given this decision, the Tribunal determined that keeping the appeal pending served no purpose. The withdrawal request was placed on record, and the Department Representative did not object.
The ITAT dismissed the appeal as withdrawn but clarified that if the assessee is unable to achieve a resolution through the VSV Scheme, he may apply for the restoration of the appeal under the legal provisions. The order was pronounced in an open court on January 24, 2025.
FULL TEXT OF THE ORDER OF ITAT RANCHI
1. At the outset the assessee for the above captioned appeal had filed the following petition which is self-explanatory in nature:
2. That as evident from the aforestated petition the said assessee have intended to proceed for the Vivad se Vishwas Scheme of the Department which is extended up to 31st March, 2025 as the date of final application. Having placed on record such petition it is clear that the assessee is proceeding for Vivad Se Vishwas Scheme. Therefore, no purpose shall be served keeping the matter pending before the Tribunal since the assessee has taken recourse of settlement through the referred Scheme of the Department.
3. Accordingly, this matter is treated as withdrawn, hence dismissed as withdrawn by the assessee with the rider that in case the assessee fails to achieve a logical end regarding the matter through the Vivad Se Vishwas Scheme meaning thereby if he cannot get through the said Scheme in such a case as per permissible parameters of law he shall be able to apply for restoration of this appeal. The Ld. DR fairly conceded to the above. The captioned assessee has filed the said petition on record himself.
4. In the result the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 24/01/2025.
Author Bio
