TRIANZ HOLDINGS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

PDF · subscribers
ITTPA 1650/BANG/2024Status: DisposedITAT Bangalore25 February 2025AY 2020-212 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The Tribunal decided to dismiss the appeal filed by the assessee as withdrawn. The reasoning was based on the assessee's submission that it had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and had filed Form No. 1 for the assessment year 2020-21. The learned Departmental Representative for the revenue did not object to the withdrawal. The Tribunal granted the assessee liberty to revive the appeal if the dispute was not settled under the Direct Tax Vivad Se Vishwas Scheme. No specific finding was made on the merits of the assessment order itself, as the appeal was disposed of on a procedural ground.

What were the facts?

The assessee, Trianz Holdings Private Ltd., filed an appeal before the Income Tax Appellate Tribunal (ITAT), Bangalore, challenging the final assessment order dated 28.06.2024 passed by the Assessing Officer (AO), Assessment Unit, under Section 143(3) read with Sections 144C(13) and 144B of the Income-tax Act, 1961, for the assessment year 2020-21. During the hearing, the assessee's Authorized Representative (AR) informed the Tribunal that the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and had filed Form No. 1 on 31.01.2025 for the impugned assessment year. The assessee requested to withdraw the appeal, stating that Form 2 was awaited from the competent authority. The learned Departmental Representative (DR) had no objection to this request.

What were the issues?

1. Whether the appeal filed by the assessee should be dismissed as withdrawn, considering the assessee's opting for the Direct Tax Vivad Se Vishwas Scheme, 2024, and filing of Form No. 1, as per Section 143(3) r.w.s. 144C(13) r.w.s. 144B of the Income-tax Act, 1961. Assessee's Contention: The assessee argued that it had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and had filed the necessary declaration (Form No. 1). Therefore, it sought the withdrawal of the appeal. The assessee stated that Form 2 was awaited from the competent authority. Revenue's Contention: The learned DR for the revenue had no objection to the assessee's request for withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI LAXMI PRASAD SAHU & SHRI KESHAV DUBEY

For Appellant: Ms. Riddhi Jain, AR
For Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Hearing: 24.02.2025Pronounced: 25.02.2025

Per Laxmi Prasad Sahu, Accountant Member This appeal by the assessee is against the final assessment order passed by the AO, Assessment Unit u/s. 143(3) r.w.s. 144C(13) r.w.s 144B of the Income-tax Act, 1961 [the Act] dated 28.6.2024 for the assessment year 2020-21.

2.

During the course of hearing, the ld. AR for the assessee submitted that the assessee opted for Direct Tax Vivad Se Vishwas

ITA No.1650/Bang/2024 Page 2 of 2

Scheme, 2024 (DTVSVS) and filed Form No.1 dated 31.1.2025 for the impugned AY 2020-21 (copy filed on record) and Form 2 is awaited from the competent authority. In view of the above, the assessee seeks withdrawal of the appeal. The ld. DR had no objection to assessee’s request for withdrawal of appeal. Accordingly, the appeal filed by the assessee is dismissed as withdrawn. The assessee is at liberty to revive this appeal if the dispute is not settled under the DTVSVS.

Pronounced in the open court on this 25th day of February, 2025.

Sd/- Sd/-

( KESAV DUBEY ) ( LAXMI PRASAD SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER

Bangalore, Dated, the 25th February, 2025.

/Desai S Murthy /

Copy to:

1.

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

By order

Assistant Registrar ITAT, Bangalore.

More judgments on Section 144C(13)

All 3,426 judgments and leading authorities on Section 144C(13) →

Recent GST High Court judgments

Search GST case law →