DCIT, CIRCLE -8 (1), HYDERABAD vs. ENERSYS INDIA BATTERIES PRIVATE LIMITED, HYDERABAD

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ITA 96/HYD/2022Status: DisposedITAT Hyderabad21 January 2025AY 2017-18Bench: Shri Manjunatha G (Accountant Member), Shri K.Narasimha Chary (Judicial Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessees had settled their disputes under the Vivad Se Vishwas Scheme, 2024, and had filed applications for withdrawal. Consequently, the appeals were dismissed as withdrawn.

What were the facts?

The assessees submitted requests for withdrawal of their appeals. They had settled their tax disputes under the Vivad Se Vishwas Scheme, 2024, and the competent authority had issued Form 2. The Revenue did not object to the withdrawal.

What were the issues?

Whether the appeals filed by the assessees should be dismissed as withdrawn on the ground that the tax disputes have been settled under the Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad

Before: Shri Manjunatha G & Shri K.Narasimha Chary

Hearing: 21/01/2025

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 Se Vishwas Scheme, 2024 and claimed that the competent

1.

2 ITA 545/Hyd/2024 & ITA-TP 96/Hyd/2022 Amardeep Lakhtakia and EnerSys India Batteries Pvt.Ltd. 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.

3.

The Ld.DR present for the revenue did not raise any objection for withdrawal of the appeals filed by the assessees.

4.

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.

3 ITA 545/Hyd/2024 & ITA-TP 96/Hyd/2022 Amardeep Lakhtakia and EnerSys India Batteries Pvt.Ltd.

5.

In the result, appeals filed by the assessee are dismissed.

Order pronounced in the Open Court on 21st January, 2025.

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