KOBELCO CRANES INDIA PRIVATE LIMITED (MERGED WITH KOBELCO CONSTRUCTION EQUIPMENT INDIA PRIVATE LIMITED),NEW DELHI vs. ACIT, CIRCLE-14(2), DELHI

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ITA 1192/DEL/2022Status: DisposedITAT Delhi17 April 2025AY 2015-16Bench: SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER, SHRI SUDHIR PAREEK (Judicial Member)3 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The Tribunal allowed the withdrawal of the appeal and dismissed it as withdrawn. It granted the assessee liberty to file an application for restoration of the appeal if the matter is not finally settled/approved under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for Assessment Year 2015-16. During the hearing, the assessee informed the Tribunal that it had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, filed Form No. 1, and wished to withdraw its appeal. The Department raised no objection to the withdrawal.

What were the issues?

Whether the Income Tax Appellate Tribunal should allow the withdrawal of an appeal if the assessee has opted for the Direct Tax Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘H’: NEW DELHI

Before: SHRI RAMIT KOCHAR, & SHRI SUDHIR PAREEK

For Respondent: Shri Jitender Singh, Sr. DR
Hearing: 16.04.2025Pronounced: 16.04.2025

Assessment Year 2015-16 has arisen from appellate order dated 31.03.2012 (DIN & Order No. ITBA/APL/S/250/2021-22/1042308051(1) passed by turn has arisen from the assessment order dated 14.01.2019[Order No.:

ITBA/AST/S/143(3)/2018-19/1014747337(1)], passed by the learned Assistant Commissioner of Income Tax, Circle-14(2), Delhi, u/s 143(3) read with Section 144C(3) of the Income-tax Act, 1961 (“the Act”).

2.

At the outset, ld. Counsel appearing for the assessee submitted before the Bench that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024, and has duly filedDeclaration in Form No. 1 with the Department vide Acknowledgment No. 901416310130325 dated 13.03.2025 and the assessee wants to withdraw its appeal. The said Form No. 1 is placed on record by the assessee. It was also submitted that presently the assessee has not been been issued Form No. 2 by the department.

3.

The learned Sr. DR submitted that the Department has no objection if assessee wants to withdraw its appeal.

4.

After hearing both the parties we direct withdrawal of the assessee’s appeal and the assessee is itself praying for withdrawal of its appeal, we dismiss this appeal as being withdrawn by the assessee, with liberty to the not finally settled/approved under the said Scheme. This order was pronounced in open court on the conclusion of hearing in the presence of the both the parties.We order accordingly. assessment year 2015-16 stands dismissed as being withdrawn, as indicated above.

Order pronounced in the open court on 16.04.2025.

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