K C COTTRELL INDIA PVT LTD,GURGAON vs. ASSESSING OFFICER, NATIONAL E- ASSESSMENT CENTRE, NEW DELHI

PDF · subscribers
ITA 777/DEL/2021Status: DisposedITAT Delhi11 April 2025AY 2016-17Bench: SHRI MAHAVIR SINGH (Vice President), SHRI M. BALAGANESH (Accountant Member)1 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 assessee had opted to settle the dispute through the Vivad Se Vishwas Scheme, 2024. Consequently, the appeal filed by the assessee was treated as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed by the Assessing Officer, which was in consonance with the orders from the Dispute Resolution Panel and Transfer Pricing Officer for AY 2016-17. The assessee later decided to avail the Vivad Se Vishwas Scheme, 2024.

What were the issues?

Whether the appeal should be dismissed as withdrawn since the assessee opted for the Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 92CA(3),Section 143(3),Section 143(3A),Section 143(3B),Section 92,Section 93

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “H”: NEW DELHI

Before: SHRI MAHAVIR SINGH & SHRI M. BALAGANESH

For Respondent: Shri Jitender Singh, Sr. DR
Hearing: 11/04/2025Pronounced: 11/04/2025

O R D E R PER M. BALAGANESH, AM 1. Assessee M/s. KC Cottrel India Pvt. Ltd, (hereinafter referred to as ‘assessee) by filing the present appeal sought to set aside the impugned order dated 31.03.2021 passed by the Assessing Officer (AO) inconsonance with the order passed by the Dispute Resolution Panel (DRP) dated 17.11.2020 and order passed by Transfer Pricing Officer (TPO) under section 92CA(3) dated 31.10.2019 under section 143(3) read with section 143(3A) and 143(3B) of the Income Tax Act, 1961 (for short ‘the Act’) qua the assessment year 2016-17.

2.

The assessee filed a letter 03.04.2025 before us stating that it would be availing the Vivad Se Vishwas Scheme, 2024 introduced by the Statute to settle the tax disputes prevailing in these years for which declaration in form No.2 has already been issued on 28.03.2025 u/s 2 of Section 92 read with Section 93 of the Finance (No. 2) Act, 2024 under VSVS, 2024.

3.

Since the assessee had opted settling the dispute arising out of this appeal by availing VSVS scheme, 2024, the appeal filed by the assessee is hereby treated as withdrawn.

4.

With the above mentioned liberty given to the` assessee, the appeal filed by the assessee is hereby dismissed as withdrawn.

Order pronounced in the open court on 11/04/2025.

More judgments on Section 92CA(3)

All 702 judgments and leading authorities on Section 92CA(3) →

Recent GST High Court judgments

Search GST case law →