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Facts
Multiple assessees submitted requests for withdrawal of their appeals to the Income Tax Appellate Tribunal, stating that they had settled their tax disputes under the Vivad Se Vishwas Scheme, 2024. They claimed to have received Form 2 from the competent authority confirming the determined tax payable and sought dismissal of appeals with liberty for reinstatement if their Vivad Se Vishwas applications were rejected.
Held
The Tribunal noted the assessees' settlement under the Vivad Se Vishwas Scheme, 2024, and their requests for withdrawal. Consequently, the appeals were dismissed as withdrawn. The Tribunal granted liberty to the assessees to apply for reinstatement of their appeals if, for any reason, their Vivad Se Vishwas applications are rejected by the competent authority.
Key Issues
Whether to allow the withdrawal of appeals and dismiss them as settled under the Vivad Se Vishwas Scheme, 2024, with a provision for reinstatement if the scheme application is rejected.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad
Before: Shri Laliet Kumar & Shri Manjunatha G.
आ.अपी.सं /ITA No.27/Hyd/2012 (निर्धारण वर्ा/Assessment Year: 2008-09) M/s Tech Mahindra Asst.DIT (International Limited Taxation)-II (Satyam Computer Hyderabad Services Limited, now merged with Tech Mahindra Ltd.) Hyderabad [PAN : AACCS8639Q] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee by: Shri A.V.Raghuram, AR रधजस् व द्वधरध/Revenue by: Ms.M.Narmada, CIT-DR सुिवधई की तधरीख/Date of hearing: 21/01/2025 घोर्णध की तधरीख/Date of 21/01/2025 Pronouncement: आदेश / ORDER PER. MANJUNATHA G., A.M: In the above captioned appeals, assessees vide letters of even date submitted a request for withdrawal of appeals on the ground that the assessee has settled the tax dispute under Vivad
3 Sri Ganapathi Agro Industries and Others Se Vishwas Scheme, 2024 and claimed that the competent authority has issued Form 2 under the Scheme. The learned counsels for the assessees further submitted that the appeal filed by the assessee may be dismissed with a liberty to reinstate the appeal, in case, for any reason, the application filed by the assessee under Vivad Se Vishwas Scheme, 2024 is rejected by the competent authority.
The Ld.DR present for the revenue did not raise any objection for withdrawal of the appeals filed by the assessees.
We have heard both the parties and considered the relevant applications filed by the assessees for withdrawal of the appeals. We find that the assessees have filed applications under Vivad Se Vishwas Scheme, 2024 and the competent authority has issued Form 2 and determined the total tax payable under the Direct Tax Vivad Se Vishwas Scheme, 2024. Since the assessees have settled the disputes under the Vivad Se Vishwas Scheme, 2024 and also filed letters for withdrawal of the appeals, we dismiss the appeals filed by the assessee as withdrawn. We have also given liberty to the assessees to file an application for reinstatement of appeal, in case for any reason, the application filed by the assessee under Vivad Se Vishwas Scheme, 2024 is rejected.
4 Sri Ganapathi Agro Industries and Others
In the result, appeals filed by the assessee are dismissed.
Order pronounced in the Open Court on 21st January, 2025.