INTERNATIONAL FLAVOURS & FRAGRANCES INDIA PRIVATE LIMITED ,CHENAI vs. DCIT , NON CORPORATE CIRCLE 8 (1) , NUNGAMBAKKAM
What did the Tribunal hold?
The Tribunal noted that the assessee had opted for the Direct Tax Vivad-se-Vishwas Scheme, 2024, by filing Form-1, and the Designated Authority had issued Form No.2 for the settlement of the pending tax dispute. The assessee's AR requested to withdraw the appeal. The Tribunal allowed the assessee to withdraw the appeal and dismissed it as withdrawn. The Tribunal also clarified that it remains open for the assessee to approach the Tribunal with an appropriate application if any prejudice is caused concerning the settlement of the tax dispute under the Direct Tax Vivad-se-Vishwas Scheme, 2024. The ratio decidendi is that an assessee opting for a settlement scheme like Vivad-se-Vishwas can withdraw their pending appeal.
What were the facts?
The assessee, International Flavours Fragrances India Pvt. Ltd., filed an appeal before the Income Tax Appellate Tribunal (ITAT), Chennai, for Assessment Year 2017-18. The appeal challenged the final assessment order dated 05.05.2022, passed by the Assessing Officer (AO) under section 143(3) read with section 144C(13) of the Income-tax Act, 1961. This order was passed pursuant to the directions of the Dispute Resolution Panel-2, Bengaluru, dated 22.03.2022. The amount in dispute is not explicitly stated. The procedural history involves the AO passing the final assessment order after receiving directions from the DRP.
What were the issues?
1. Whether the assessee is entitled to withdraw the appeal filed before the Tribunal, given its opting for the Direct Tax Vivad-se-Vishwas Scheme, 2024? Assessee's Contention: The assessee, through its Authorized Representative (AR), stated that it had opted for the Direct Tax Vivad-se-Vishwas Scheme, 2024, and therefore wished to withdraw the appeal. The AR submitted Form-1 filed by the assessee and Form-2 issued by the designated authority as evidence. Revenue's Contention: The judgment records that both sides were heard and materials were perused. No specific argument is recorded for the revenue other than their presence and participation in the hearing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI JAGADISH
आदेश / O R D E R
PER JAGADISH, A.M : Aforesaid appeal filed by the assessee for Assessment Year (AY) 2017-18 arises out of final assessment order dated 05.05.2022 passed by Ld. Assessing Officer (AO) u/s. 143(3) r.w.s 144C(13) pursuant to the directions of Ld. Disputes Resolution Panel-2, Bengaluru (DRP) dated 22.03.2022 u/s. 143(3) r.w.s 144(C)(1) of the Income-tax Act, 1961 (hereinafter “the Act”).
IT(TP)A No.35/Chny/2022 :- 2 -:
The Ld. Authorized Representative (A.R) of the assessee, at the
outset stated that assessee has opted for Direct Tax Vivad-se-Vishwas
Scheme, 2024 and therefore, wants to withdraw the appeal. The Ld.
A.R has submitted a copy of Form-1 filed by the assessee and Form-2
issued by the designated authority in support of its contention.
We have heard both the sides, and perused the materials
available on record. In this case, the assessee has opted for the Direct
Tax Vivad-se-Vishwas Scheme, 2024 by filing Form-1. The
Designated Authority has also issued Form No.2 for the settlement of
pending tax dispute. The Ld. AR has now made a request to withdraw
the appeal. We allow the assessee to withdraw the appeal and dismiss
the appeal as withdrawn. However, it is open to the assessee to
approach the Tribunal by filing an appropriate application in the event
of any prejudice caused in respect of the settlement of tax dispute
under the Direct Tax Vivad-se-Vishwas Scheme, 2024.
IT(TP)A No.35/Chny/2022 :- 3 -:
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 07th March, 2025.
Sd/- Sd/- (एबी टी. वक�) (जगदीश) (Jagadish) (ABY. T. Varkey) लेखा सद" /Accountant Member �ाियक सद" / Judicial Member चे�नई/Chennai, �दनांक/Dated: 07th March, 2025. EDN/- आदेश क� �ितिल�प अ�े�षत/Copy to: 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकर आयु�/CIT, Chennai 4. िवभागीय �ितिनिध/DR 5. गाड� फाईल/GF
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