APPLIED MATERIALS INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 1(1)(1), BANGALORE, BANGALORE

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ITA 217/BANG/2024Status: DisposedITAT Bangalore24 January 2025AY 2015-16Bench: SHRI LAXMI PRASAD SAHU (Accountant Member), SHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER | ITA No.217/Bang/2024 | | :-------------------------- | | Assessment year : 2015-16 | | M/s. Applied Materials India Private Limited, Unit 5, 3rd Floor, Explorer Building, International Technology Park Ltd., Whitefield, Bangalore - 560 066. PAN: AAECA 2635C **APPELLANT** | Vs. | The Deputy Commissioner of Income Tax, Circle 1(1)(1), Bangalore. **RESPONDENT** | | Appellant by | : | Shri Nirmal Mathew, A2 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 noted that the ld. DR had no objection to the assessee's request for withdrawal. Consequently, considering that the dispute was settled under the DTVSV Scheme, 2024, the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2015-16. During the hearing, the assessee's counsel informed the Tribunal that they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV Scheme). The assessee had already paid the tax liability determined by Form 2 on 09.01.2025 and sought to withdraw the appeal.

What were the issues?

Whether an appeal before the ITAT can be dismissed as withdrawn after the assessee has opted for and settled the tax dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024, and paid the determined tax liability.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI LAXMI PRASAD SAHU & SHRI PRAKASH CHAND YADAV

For Appellant: Shri Nirmal Mathew, Advocate
For Respondent: Ms. Neha Sahay, Jt.CIT(DR)(ITAT), Bengaluru
Hearing: 16.01.2025Pronounced: 24.01.2025

Per Prakash Chand Yadav, Judicial Member

1.

The present appeal of the assessee is arising out of the order of the ld. CIT(Appeals), Bengaluru-12 dated 11.12.2023 having DIN ITBA/APL/S/250/2023-24/1058647323(1) and relates to assessment year 2015-16.

2.

When the matter was called for hearing, the ld. counsel for the assessee pointed out that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV Scheme). The ld. counsel for the assessee further pointed out that the concerned authority has also issued Form 2, determining the tax liability to be paid by the assessee for finally setting the dispute. The ld. counsel for the assessee pointed out that assessee has paid the outstanding tax as determined by the concerned authority vide challan dated 9.1.2025. Therefore, he sought withdrawal of the appeal.

3.

The ld. DR could not object for dismissal of the appeal as withdrawn.

4.

Considering the fact that assessee has already settled the dispute under DTVSV Scheme-24, the present appeal of the assessee is dismissed as withdrawn.

Pronounced in the open court on this 24th day of January, 2025.

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