SPI INDIA HOLDING (MAURITIUS) LTD.,PUDUCHERRY vs. DCIT INTERNATIONAL TAXATION CIRCLE 2(2), CHENNAI

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ITTPA 73/CHNY/2018Status: DisposedITAT Chennai07 January 2025AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted the assessee's submission of a letter dated 27.12.2024, stating the intention to withdraw the present appeal to avail the benefits under the Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024. The assessee had also informed that Form No.1 DTVSV was filed on 28.11.2024, and Form No.2 was issued on 20.12.2024. Accordingly, the Tribunal treated the appeal as dismissed as withdrawn, acknowledging the assessee's decision to opt for resolution under the DTVSV Scheme. The assessee was granted liberty to seek restoration of the appeal if the resolution under the DTVSV Scheme failed. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The assessee, SPI India Holding (Mauritius) Ltd, filed an appeal before the Income Tax Appellate Tribunal (ITAT), Chennai, challenging the final assessment order dated 27.09.2018, passed by the Deputy Commissioner of Income Tax, International Taxation 2(2), Chennai. This order was issued for Assessment Year 2015-2016, pursuant to directions from the Dispute Resolution Panel-2, Bengaluru, dated 30.08.2018. The appeal number is IT(TP)A No.73/Chny/2018. The assessee later submitted a letter on 27.12.2024, expressing its intention to withdraw the appeal to avail benefits under the Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024. The assessee had filed Form No.1 under the scheme on 28.11.2024, and Form No.2 was issued on 20.12.2024.

What were the issues?

1. Whether the assessee is entitled to withdraw the appeal to opt for the Direct Tax Vivad Se Vishwas Scheme, 2024, as per the provisions of the scheme. Assessee's Contention: The assessee, through its counsel, submitted a letter indicating its intent to withdraw the appeal to avail the benefits of the Direct Tax Vivad Se Vishwas Scheme, 2024. They confirmed filing the necessary forms (Form No.1 and Form No.2) under the scheme, signifying their commitment to resolving the dispute through this mechanism. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the withdrawal of the appeal. The revenue's role in this procedural matter is not detailed.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’(TP

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL & HON’BLE SHRI MANU KUMAR GIRI

Hearing: 07.1.2025Pronounced: 07.1.2025

आयकर अपीलीय अिधकरण ‘डी’’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’(TP) BENCH, CHENNAI माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� एवं माननीय �ी मनु कुमार िग�र, �ाियक सद� के सम�। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER AND HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER आयकरअपील सं./ IT(TP)A No.73/Chny/2018 (िनधा�रणवष� / Assessment Year: 2015-2016) SPI India Holding (Mauritius) Ltd, Vs. The Deputy Commissioner of SPi Technologies India Pvt Ltd, Income Tax, ‘Gothi Industrial Estate’’ International Taxation, R.S.No.4/5 and 4/6, Circle 2(2) Vazhadavur Road, Chennai Kurumbapet Revenue Village, Puducherry 605 009. [PAN: AAVCS 0553N] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Ms. Soundariya, C.A., ��यथ� क� ओर से /Respondent by : Mr. A. Sasikumar, IRS, CIT. सुनवाई क� तार�ख/Date of Hearing : 07.1.2025 घोषणा क� तार�ख /Date of Pronouncement : 07.1.2025 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member)

This appeal by the assessee is arising out of the final assessment order dated 27.09.2018, passed by the Deputy Commissioner of Income Tax, International Taxation 2(2), Chennai for the assessment year 2015-16 u/s.143(3) r.ws. 144C (13) of the Income Tax Act, 1961 (hereinafter the ‘Act’) in pursuant to the directions of the Dispute Resolution Panel-2, Bengaluru dated 30.08.2018.

2 IT(TP)A No.73/Chny/2018 2. At the outset, the ld. counsel for the submitted a letter dated 27.12.2024 wherein stated that the present appeal is intended to be withdrawn by the appellant, for the purpose of opting the benefit under the Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024. Assessee also informed that Form No.1 DTVSV has been filed on 28.11.2024 and Form No.2 was issued on 20.12.2024. 3. Accordingly, noting the fact that the assessee is opted for resolution of dispute under Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024, we treat this appeal being dismissed as withdrawn. 4. The assessee is given liberty for restoration of the present appeal in case the resolution of dispute under Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024 are failed. 5. In the result, the appeal filed by the assessee in IT(TP) No. 73/Chny/2018 is dismissed as withdrawn. Order pronounced in the open court at the time of hearing on 07th January, 2025 at Chennai. Sd/- Sd/- (मनोज कुमार अ�वाल) (मनु कुमार िग�र) (MANOJ KUMAR AGGARWAL) (MANU KUMAR GIRI) लेखा सद� / ACCOUNTANT MEMBER �ाियक सद� / JUDICIAL MEMBER चे�ई Chennai: िदनांक Dated :07-01-2025 KV आदेश क� ��त�ल�प अ�े�षत /Copy to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT, Chennai/Coimbatore/Madurai/Salem. 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF

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