DYNAPAC ROAD CONSTRUCTION EQUIPMENT (INDIA) PRIVATE LIMITED,PUNE vs. THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NFAC AND ACIT CIRCLE 8, PUNE

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ITA 1988/PUN/2024Status: DisposedITAT Pune12 March 2025AY 2020-21Bench: DR. MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)2 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 Income Tax Appellate Tribunal (ITAT) allowed the assessee's request to withdraw the appeal, as the Departmental Representative had no objection. The tribunal dismissed the appeal as 'Withdrawn', with a provision that the assessee could file a Miscellaneous Application to recall the appeal if the Vivad Se Vishwas Scheme application is rejected.

What were the facts?

The assessee, Dynapac Road Construction Equipment (India) Private Limited, filed an appeal against an assessment order for the assessment year 2020-21. Subsequently, the assessee applied to withdraw the appeal, stating that it had opted for the Vivad Se Vishwas Scheme, 2024.

What were the issues?

Whether the assessee's request to withdraw its appeal, having opted for the Vivad Se Vishwas Scheme, should be allowed by the tribunal.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “C”, PUNE

Before: DR. MANISH BORAD & SHRI VINAY BHAMORE

For Appellant: Shri Nupur Shah
For Respondent: Shri Prakash L Pathade, CIT DR
Hearing: 10.03.2025Pronounced: 12.03.2025

Assessee by : Shri Nupur Shah Department by : Shri Prakash L Pathade, CIT DR Date of hearing : 10.03.2025 Date of pronouncement : 12.03.2025 O R D E R

PER DR. MANISH BORAD, AM :

1.

The captioned appeal filed by the assessee is directed against the order dated 24.07.2024 of the Ld. Assessing Officer Pune relating to assessment year 2020-21.

2.

Before us, assessee has filed an application seeking withdrawal of the appeal on the ground that the assessee has opted for Vivad Se Vishwas Scheme, 2024. 3. Ld. Departmental Representative has no objection for withdrawal of the appeal filed by the assessee. We therefore allow the request of the assessee to withdraw the appeal filed by it. However, it is made clear that in case the application of assessee is rejected under Vivas Se Vishwas Scheme, 2024 for 2 Dynapac Road Construction Equipment (India) Private Limited any reason, the assessee is at liberty to move Miscellaneous Application for recalling of the appeal in accordance with law.

4.

In the result, the appeal of the assessee is dismissed as ‘Withdrawn’.

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