DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), AHMEDABAD, AHMEDABAD vs. YANFENG INDIA AUTOMOTIVE INTERIOR SYSTEMS PVT LTD, AHMEDABAD
आयकर अपीलीय अिधकरण, अहमदाबाद ायपीठ “ए“,अहमदाबाद ।
IN THE INCOME TAX APPELLATE TRIBUNAL
“ A ” BENCH, AHMEDABAD
ी संजय गग, ाियक सद एवं
ी मकरंद वसंत महादेवकर, लेखा सद के सम!।
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BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER
AND SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER
आयकर अपील सं /ITA No.917/Ahd/2023
िनधारण वष /Assessment Year : 2017-18
Dy.Commissioner of Income Tax,
Circle-4(1)(1)
Ahmedabad
बनाम/
v/s.
Yanfeng India Automotive
Interior Systems Pvt.Ltd.
Plot No.AV21, GIDC
Sandnad-II,
Village Bol, Sanand
Ahmedabad – 382 110
थायी लेखा सं./PAN: AAACY 5078 P
(अपीलाथ$/ Appellant)
(%& यथ$/ Respondent)
Assessee by :
Shri Parimalsinh B. Parmar, AR
Revenue by :
Shri B.P. Srivastava, Sr.DR
सुनवाई की तारीख/Date of Hearing : 24 /03/2025
घोषणा की तारीख /Date of Pronouncement: 24 /03/2025
आदेश/O R D E R
PER MAKARAND V. MAHADEOKAR, AM:
This appeal has been filed by the Revenue against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre
(NFAC), Delhi [hereinafter referred to as “CIT(A)”] dated 21.09.2023 for the Assessment Year (AY) 2017-18. The Revenue has challenged the deletion of the disallowance of Rs.1,79,79,218/- on account of depreciation on goodwill and Rs.19,75,701/- on account of advances written off, as made by the Dy.CIT vs. Yanfeng India Automotive Interior Systems Pvt.Ltd.
Asst. Year : 2017-18
Assessing Officer in the assessment order passed under Section 143(3) of the Income Tax Act, 1961. 2. During the course of hearing, the Authorized Representative of the assessee submitted an application seeking withdrawal of the appeal, stating that the assessee has opted for settlement of the dispute under the Direct Tax
Vivad Se Vishwas (DTVSV) Scheme, 2024. In support of the said contention, a copy of Form No. 2 was placed on record, which shows that the amount payable under the Scheme has been determined at Rs.34,52,999/-.
1. It was further submitted that the tax effect involved in the present appeal, as per Form No. 36, is Rs.65,54,960/- and, therefore, the amount payable under the Scheme exceeds 50% of the disputed tax liability. It was also pointed out that after adjusting the amount payable under the Scheme, a sum of Rs.84,49,235/- is determined as refundable to the assessee, as reflected in Form No. 2 filed under the DTVSV Scheme.
The Departmental Representative fairly submitted that he has no objection to the withdrawal of the appeal in view of the assessee having settled the dispute under the DTVSV Scheme, 2024. 4. Having regard to the facts placed on record, particularly the declaration filed by the assessee under the DTVSV Scheme, 2024, and the computation of the amount payable under Form No. 2, which is more than 50% of the disputed tax as reflected in Form No. 36 and further taking note of the fact that the balance amount of Rs.84,49,235/- has been determined as Dy.CIT vs. Yanfeng India Automotive Interior Systems Pvt.Ltd. Asst. Year : 2017-18
refundable to the assessee, we are of the view that the present appeal has become infructuous and is rendered academic in nature.
Accordingly, the appeal filed by the Revenue is dismissed. Order pronounced in the Open Court on 24th March, 2025 at Ahmedabad. ( SANJAY GARG ) JUDICIAL MEMBER अहमदाबाद/Ahmedabad, िदनांक/Dated 24/03/2025
टी.सी.नायर, व.िन.स./T.C. NAIR, Sr. PS
आदेश की "ितिलिप अ#ेिषत/Copy of the Order forwarded to :
अपीलाथ$ / The Appellant 2. "%थ$ / The Respondent. 3. संबंिधत आयकर आयु& / Concerned CIT 4. आयकर आयु& ) अपील ( / The CIT(A)-(NFAC), Delhi 5. िवभागीय "ितिनिध , अिधकरण
अपीलीय
आयकर
,
राजोकट/DR,ITAT, Ahmedabad,
6. गाड फाईल /
Guard file.
आदेशानुसार/ BY ORDER,
स%ािपत "ित ////
सहायक पंजीकार (Asstt.