WABCO EUROPE BVBA,BELGIUM vs. DCIT , INTN TAX 2(2), CHENNAI

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ITTPA 27/CHNY/2021Status: DisposedITAT Chennai31 January 2025AY 2016-173 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad-se-Vishwas Scheme 2024 and had received Form No. 2, acknowledging the settlement of pending tax disputes for both assessment years. The Designated Authority had issued acknowledgments for AY 2014-15 and AY 2016-17. In view of these facts, the Tribunal held that the appeals filed by the assessee were liable to be dismissed as withdrawn, as prayed by the assessee's counsel. The Tribunal also clarified that it remains open for the assessee to approach the Tribunal with an appropriate application if any prejudice arises concerning the settlement under the Vivad-se-Vishwas Scheme 2024. No specific issue was left undecided.

What were the facts?

The assessee, ZF CV Systems Europe BV, filed two appeals before the Income Tax Appellate Tribunal (ITAT), Chennai, for assessment years 2014-15 and 2016-17. The appeals challenged assessment orders dated 06.01.2023 (for AY 2014-15) and 16.03.2021 (for AY 2016-17). During the hearing, the assessee's counsel submitted an application under the Vivad-se-Vishwas Scheme 2024, indicating the assessee's intent to avail the scheme for settlement of the tax disputes. The assessee requested that the appeals be treated as withdrawn. The Revenue did not oppose this submission.

What were the issues?

1. Whether the appeals filed by the assessee for assessment years 2014-15 and 2016-17 should be dismissed as withdrawn, in light of the assessee opting for the Vivad-se-Vishwas Scheme 2024? Assessee's contention: The assessee has opted for the Vivad-se-Vishwas Scheme 2024 and has filed an application for withdrawal of the appeals, requesting the Tribunal to treat the appeals as withdrawn. Revenue's contention: The Revenue did not oppose the assessee's submission for withdrawal of the appeals.

Which sections of the Income-tax Act were involved?

Section 147,Section 144C(13),Section 143(3)

AI-generated summary — verify with the full judgment below

Before: Shri S.S. Viswanethra Ravi & Shri Manoj Kumar Aggarwal

Hearing: 31.01.2025Pronounced: 31.01.2025

आयकर अपीलीय अिधकरण, ’डी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी मनोज कुमार अ�वाल, लेखा सद� के सम� । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Manoj Kumar Aggarwal, Accountant Member I.T.(TP)A. Nos.16/Chny/2023 & 27/Chny/2021 िनधा�रण वष�/Assessment Years: 2014-15 & 2016-17

ZF CV Systems Europe BV [formerly Vs. The Deputy Commissioner of known as WABCO Europe BVBA, Income Tax, Plot No. 3, (SP) 3rd Main Road, International Taxation Circle 2(2), Ambattur Industrial Estate Chennai. Chennai, 600 058. [PAN: AABCW1971G] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri Sudar Mani Advocate for Shri R. Vijayaraghavan, Advocate ��थ� की ओर से/Respondent by : Shri P.M. Senthil Kumar, JCIT सुनवाई की तारीख/ Date of hearing : 31.01.2025 घोषणा की तारीख /Date of Pronouncement : 31.01.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: Both the appeals filed by the assessee are directed against the assessment order dated 06.01.2023 passed under section r.w.s. 147 r.w.s. 144C(13) of the Income Tax Act, 1961 [“Act” in short] for the assessment year 2014-15 and order dated 16.03.2021 under section 143(3) r.w.s. 144C(13) for the assessment year 2016-17.

2 I.T.(TP)A. No.16/Chny/23 & IT(TP)A No.27/Chny/21 2. When the appeals were taken up for hearing, by filing an application along with Form No. 2 under DTVSV 2024 which was issued by the Designated Authority, the ld. AR Shri Sudar Mani, Advocate submits that the assessee has opted to avail the Vivad-se- Vishwas Scheme 2024 for the above assessment years under consideration. He has further submitted that the appeals filed by the assessee may be treated as withdrawn.

3.

The ld. DR Shri P.M. Senthil Kumar, JCIT did not oppose to the submissions of the ld. AR.

4.

Having heard both the parties, we note that the assessee opted for the Vivad-se-Vishwas Scheme 2024 and the Designated Authority issued Form No.2 vide Acknowledgement No. 809615621080125 dated 08.01.2025 for AY 2014-15 and Acknowledgement No. 833486271210125 for AY 2016-17 towards the settlement of pending tax dispute. In view of the above facts and circumstances, the appeals filed by the assessee are liable to be dismissed as withdrawn as prayed by the ld. AR. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any

3 I.T.(TP)A. No.16/Chny/23 & IT(TP)A No.27/Chny/21 prejudice caused in respect of the settlement of tax dispute under the Vivad-se-Vishwas Scheme 2024.

5.

In the result, all the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open Court on 31st January, 2025 at Chennai.

Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 31.01.2025 Vm/- आदेश की �ितिलिप अ�ेिषत/Copy to: 1. अपीलाथ�/Appellant, 2.��थ�/ Respondent, 3. आयकर आयु�/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR & 5. गाड� फाईल/GF.

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