Facts
The assessee, M/s. LM Wind Power Blades (India) Private Limited, filed an appeal against the order of the Assessing Officer for the Assessment Year 2016-17. Subsequently, the assessee opted to settle the quantum assessment case under the Direct Tax Vivad se Vishwas (DTVSV) Scheme, 2024.
Held
The Tribunal noted that the assessee had filed Form 1 DTVSV 2024 and received Form 2 (certificate) under section 92(1) of the Finance (2) Act, 2024. In light of the assessee's election to settle the dispute under the DTVSV Scheme, the appeal was dismissed as withdrawn.
Key Issues
Whether an appeal pending before the ITAT should be dismissed as withdrawn when the assessee opts for settlement under the Direct Tax Vivad se Vishwas Scheme, 2024, and fulfills the required conditions.
Sections Cited
91(2) of the DTVSV Scheme, 2024, 92(1) of the Finance (2) Act, 2024, 92(2) of the Finance (No.2) Act, 2024, 93 of the Finance (2) Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B’’ BENCH: BANGALORE
Before: SHRI WASEEM AHMED & SHRI PRAKASH CHAND YADAV
PER PRAKASH CHAND YADAV, JUDICIAL MEMBER:
This appeal at the instance of the assessee is directed against the order of the ld. AO dated 15.4.2021 for the AY 2016-17.
The assessee has raised 11 grounds of appeal.
At the outset, the ld. A.R. for the assessee drawn our attention to a letter dated 5.3.2025 wherein it is submitted that the assessee had opted to settle the case of quantum assessment under VSVS, 2024 and accordingly filed the Form 1 DTVSV 2024 for the settlement of the disputes under the Direct Tax Vivad se Vishwas, 2024 and the ld. Principal CIT, Bangalore-2 had issued the Form-2 dated
IT(TP)A No.275/Bang/2021 M/s. LM Wing Power Blades (India) Private Limited, Bangalore Page 2 of 3 20.1.2025. Accordingly, the AR of the assessee requested to allow for the withdrawal of appeal.
Ld. D.R. on the other hand has no objection for the request of withdraw of the appeal made by the assessee as the assessee has opted for DTVSV 2024.
We have heard the rival submissions and perused the materials available on record. As per the provisions of section 91(2) of the DTVSV Scheme, 2024, any appeal pending before the ITAT or CIT(A) in respect of disputed interest or disputed penalty or disputed fee or tax arrears shall be deemed to have been withdrawn upon the issuance of certificate u/s 92(1) of the DTVSV Scheme, 2024.
5.1 On going through the letter along with the enclosures filed on 5.3.2025, we find that the Form No.2 i.e. Certificate under sub- section (1) of section 92 of the Finance (2) Act, 2024, is issued by the ld. Principal Commissioner of Income Tax on 20.01.2025. Further, intimation of payment under sub-section (2) of section 92 of the Finance (No.2) Act, 2024 is filed by the assessee on 4.2.2025 vide acknowledgement No.858981110040225 and accordingly the Form No.4 i.e. Order for full & final settlement of tax arrears under sub- section (2) of section 92 r.w.s. 93 of the Finance (2) Act, 2024 is awaited from the. This Being so, we, accordingly, as per the request letter dated 5.3.2025, dismiss this appeal of the assessee for the assessment year 2016-17 as withdrawn.
IT(TP)A No.275/Bang/2021 M/s. LM Wing Power Blades (India) Private Limited, Bangalore Page 3 of 3 6. In the result, appeal filed by the assessee is dismissed as withdrawn.
Order pronounced in the open court on 16th Jun, 2025