What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeal. The assessee had filed the necessary declarations and received a certificate confirming acceptance under the Vivad Se Vishwas scheme.

The Revenue preferred an appeal before the ITAT against an order of the CIT(Appeals). The assessee sought to withdraw the appeal as they had opted for the Vivad Se Vishwas scheme.

What were the issues?

The primary issue was whether the appeal could be withdrawn by the assessee due to their opting for the Vivad Se Vishwas scheme.

DCIT vs Danfoss Power Solutions India… | ITAT Pune 2021

Income Tax Appellate Tribunal, “C” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Nishant Shah

For Respondent: Shri Mahadevan A.M Krishnan

Hearing: 09.02.2021Pronounced: 09.02.2021

आदेश / ORDER

This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeals)-38, New Delhi dated 21.09.2017 for the assessment year 2007-08 as per the grounds of appeal on record.

The Ld. AR for the assessee submitted that the assessee wants to withdraw the appeal as the assessee has opted for Vivad Se Vishwas scheme and has filed an application dated 08.02.2021 along with Form-3 in this regard by stating as follows:

“Re. Danfoss Power Solutions India Private Limited („the Company‟) PAN: AAFCS2954P Assessment year (AY) :2007-08 Appeal No. Sub : Application for withdrawal of appeal We refer to the captioned appeal filed by the Income Tax Department. In this regard, the Company submits that it has opted for the Vivad Se Vishwas Scheme ('the Scheme') for the year under consideration with a view to settle the pending tax dispute. In this regard, the Company filed a declaration in Form no. 1 to opt for the Scheme and further an undertaking in Form no. 2 waiving all its rights to any claims for the captioned appeal as per the procedure laid down in the Direct Tax Vivad Se Vishwas Act, 2020 read with the corresponding Direct Tax Vivad Se Vishwas Rules, 2020 ('the Rules'). Copy of Form no. 1 and Form no. 2 enclosed as Annexure 1 for your Honors reference. Subsequently, the designated authority issued a certificate ( Number 238103600030221) dated 3 February, 2021 in Form 3 as prescribed under the Rules confirming the acceptance of the Form 1 and 2. Copy of the Form 3 issued has been enclosed as Annexure 2 for your Honours reference. In the light of the above, the company requests your honour to kindly mark the aforesaid appeal as withdrawal/settled under the Scheme. We hope your honour will accede to our request and oblige.”

The Ld. DR has no objection regarding withdrawal application filed by the assessee. Hence, we permit the withdrawal. Appeal of Revenue is dismissed being withdrawn.

In the result, the appeal of Revenue is dismissed as withdrawn.

Order pronounced on 09th day of February, 2021.

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2), PUNE vs. DANFOSS POWER SOLUTIONS INDIA PVT.LTD, PUNE

What did the Tribunal hold?

What were the facts?

What were the issues?

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