WEIR MINERALS (INDIA) LIMITED ,BANGALORE vs. DCIT, CIRCLE-7(1)(1), BANGALORE

ITTPA 2569/BANG/2024Status: DisposedITAT Bangalore09 July 2025AY 2021-252 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the assessee's application for withdrawal of the appeal, supported by Form 4 issued under the Direct Tax Vivad se Vishwas Scheme, 2024, which confirmed the settlement of the dispute. The Tribunal noted that the assessee had opted to settle the issue under the said scheme. Consequently, accepting the assessee's request, the Tribunal decided to dismiss the appeal as withdrawn. The operative direction was to dismiss the appeal. No issues were expressly left undecided.

What were the facts?

The assessee, M/s. Weir Minerals (India) Pvt. Ltd., filed an appeal before the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, challenging an order passed by the Commissioner of Income Tax (Appeals) [CIT(A)] dated 29.10.2024 for the Assessment Year 2021-22. During the hearing on 08.07.2025, the assessee submitted an application dated 07.07.2025 requesting withdrawal of the appeal. The assessee stated that it had opted to settle the issue under the Direct Tax Vivad se Vishwas Scheme, 2024 (DTVSV Scheme, 2024). A Form 4, dated 25.03.2025, issued by the designated authority, confirming the settlement under the DTVSV Scheme, 2024, was also filed.

What were the issues?

1. Whether the appeal filed by the assessee is to be dismissed as withdrawn, considering the assessee's settlement of the issue under the Direct Tax Vivad se Vishwas Scheme, 2024? Assessee's Contention: The assessee contended that it had opted for settlement under the DTVSV Scheme, 2024, and had received Form 4 from the designated authority confirming the settlement. Therefore, the appeal before the Tribunal should be withdrawn. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the withdrawal of the appeal. However, the revenue was represented by Dr. Divya K. J, CIT(DR)(ITAT), Bangalore.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI. LAXMI PRASAD SAHU & SHRI. SOUNDARARAJAN K

For Appellant: Ms. Riya Shah, AR

For Respondent: Dr. Divya K. J, CIT(DR)(ITAT), Bangalore

Hearing: 08.07.2025Pronounced: 09.07.2025

Per Laxmi Prasad Sahu, Accountant Member :

This appeal filed by the assessee is against the Order passed by the CIT(A), vide DIN and Order No.ITBA/AST/S/143(3)/2024-25/1070025953 (1) dated 29.10.2024, for the Assessment Year 2021-22.

At the time of hearing, we noted that assessee has filed an application requesting for withdrawal of appeal vide her application dated 07.07.2025 in which it has been stated that the assessee has opted to settle the issue under DTVSV Scheme, 2024 and Form 4 dated 25.03.2025, has been issued by the designated authority wherein the said appeal has been settled under the DTVSV

IT(TP)A No.2569/Bang/2024 Page 2 of 2 Scheme, 2024. A copy of Form No.4 is filed. Considering the request of the assessee, we are dismissing this appeal as withdrawn.

In the result, appeal filed by the assessee is dismissed as withdrawn.

Pronounced in the court on the date mentioned on the caption page.

Sd/- Sd/- (SOUNDARARAJAN K) (LAXMI PRASAD SAHU) Judicial Member Accountant Member

Bangalore, Dated : 09.07.2025. /NS/* Copy to:

Appellant 2. Respondent 3. Pr.CIT 4.CIT(A) 5. DR, ITAT, Bangalore.

By order

Assistant Registrar ITAT, Bangalore.

Recent GST High Court judgments

Search GST case law →