ORBINOX INDIA PRIVATE LIMITED,COIMBATORE vs. DEPUTY COMMISSIONER OF INCOME TAX , COIMBATORE

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ITA 2294/CHNY/2024Status: DisposedITAT Chennai03 February 2025AY 2020-2021Bench: HON’BLE SHRI ABY T. VARKEY (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal accepted the assessee's plea for withdrawal of the appeal due to opting for the Vivad Se Vishwas Scheme. The appeal was dismissed as withdrawn, with liberty to revive if the settlement is unsuccessful.

What were the facts?

The assessee filed an appeal against the penalty order levied by the Assessing Officer under section 270A of the Act. The assessee opted to settle the dispute under the 'Direct Tax Vivad Se Vishwas Scheme, 2024'.

What were the issues?

Whether the appeal should be dismissed as withdrawn on the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 270A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: HON’BLE SHRI ABY T. VARKEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकर अपीलीय अिधकरण “ए” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय �ी एबी टी. वक�, �ाियक सद" एवं माननीय �ी मनोज कुमार अ'वाल ,लेखा सद" के सम)। BEFORE HON’BLE SHRI ABY T. VARKEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा*रण वष* / Assessment Year: 2020-21) Orbinox India Pvt. Ltd. The DCIT, बनाम/ International Taxation, SF 608/3A2B, 608/3A1B Eachanari Chettipalayam Road Coimbatore Vs. Coimbatore -641 021. �थायीलेखासं./जीआइआरसं./PAN/TAN No. AAACO-5826-H (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ� की ओर से/ Appellant by : Shri Girish Kumar for Shri D. Anand (Advocate) – Ld. AR ��थ� की ओर से/Respondent by : Shri S. Sundar Rajan (JCIT) – Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 30-01-2025 घोषणा की तारीख /Date of Pronouncement : 03-02-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by Assessee for Assessment Year (AY) 2020-21 arises out of the order of learned Commissioner of Income Tax, National Faceless Appeal Centre, Delhi [CIT(A)] dated 31-07-2024 in the matter of penalty levied by Ld. Assessing Officer [AO] u/s. 270A of the Act on 21-03-2023.

2.

The Ld. AR, at the outset, submitted that the assessee has opted to settle the dispute under ‘Direct Tax Vivad Se Vishwas Scheme’, 2024 and accordingly, the assessee seeks withdrawal of the appeal. The copy of Form No.2 has been placed on record.

3.

Accepting the plea of Ld. AR, this appeal is dismissed as withdrawn. However, a liberty is given to the assessee to seek revival of the appeal, in case the assessee remains unsuccessful in settlement of appeal under the scheme, for whatever reasons. 4. The appeal stand dismissed as withdrawn. Order pronounced on 3rd February, 2025

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