MOLEX (INDIA) PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), BANGALORE

ITTPA 822/BANG/2022Status: DisposedITAT Bangalore01 April 2025AY 2018-192 pages

AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that since the assessee had opted for the Vivad se Vishwas Scheme, 2024, and had been issued Form 2, the appeals filed by the assessee were to be dismissed as withdrawn. The learned Counsel for the assessee brought this to the notice of the Tribunal. The learned DR for the Revenue could not object to the withdrawal. The Tribunal granted liberty to the assessee to revive its appeals in case Form-4 was not issued by the department. The ratio of this decision is that participation in the VSV Scheme, evidenced by the issuance of Form 2, leads to the withdrawal of pending appeals before the ITAT, subject to the issuance of Form 4.

What were the facts?

The assessee, M/s. Molex (India) Pvt. Ltd., filed two appeals (IT(TP)A Nos. 266/Bang/2022 and 822/Bang/2022) before the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, for the Assessment Year 2018-19. These appeals were against orders passed by the Joint Commissioner of Income Tax (OSD) and the Deputy Commissioner of Income Tax, Circle - 4(1)(2) and Circle - 4(1)(1) respectively. The appeals were listed for hearing on 01.04.2025. At the outset, the assessee's counsel informed the Tribunal that the assessee had opted for the Vivad se Vishwas (VSV) Scheme, 2024, and had been issued Form 2 under the scheme.

What were the issues?

The primary issue before the Tribunal was whether the appeals filed by the assessee should be dismissed as withdrawn, given the assessee's participation in the Vivad se Vishwas Scheme, 2024. The assessee contended that having opted for the VSV Scheme and received Form 2, the appeals should be withdrawn. The Revenue, represented by the CIT(DR), did not object to the withdrawal of the appeals. The Tribunal had to decide on the procedural consequence of the assessee opting for the VSV Scheme on the pending appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH: BANGALORE

Before: SHRI PRASHANT MAHARISHI & SHRI PRAKASH CHAND YADAV

For Appellant: Ms. Shreya, CA

For Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru

Hearing: 01.04.2025Pronounced: 01.04.2025

Per Prakash Chand Yadav, Judicial Member: Both these appeals by the assessee are arising from the Order dated 05.03.2019 and 28.07.2022 and relates to Assessment Year 2018-19. 2. At the outset, the learned Counsel for the assessee pointed out that the assessee has opted for VSV Scheme, 2024, for both these years and Form 2 has also been issued. 3. Learned DR could not object to the withdrawal. 4. In view of the above, both the appeals of the assessee are hereby dismissed as withdrawn with a liberty to revive its appeal in case Form-4 not issued by the department.

IT(TP)A Nos.266, 822/Bang/2022 Page 2 of 2

In the result, appeals filed by the assessee are dismissed as withdrawn. Pronounced in the open court on the date mentioned on the caption page.

Sd/- Sd/- (PRASHANT MAHARISHI) (PRAKASH CHAND YADAV) Vice President Judicial Member

Bangalore. Dated: 01.04.2025. /NS/* Copy to: 1. Appellants 2. Respondent 3. DRP 4. CIT 5. CIT(A) 6. DR,ITAT, Bangalore. 7. Guard file By order

Assistant Registrar, ITAT, Bangalore.

Recent GST High Court judgments

Search GST case law →