EMERSON PROCESS MANAGEMENT (INDIA) PRIVATE LIMITED (SUCCESSOR-IN-INTEREST FOR ERSTWHILE PENTAIR VALVES & CONTROLS INDIA PVT. LTD.),MUMBAI vs. THE ACIT, CIRCLE-2(1)(2), VADODARA

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ITA 1089/AHD/2014Status: DisposedITAT Ahmedabad20 February 2025AY 2009-10Bench: DR. BRR KUMAR (Vice President), SHRI SIDDHARTHA NAUTIYAL (Judicial Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted the assessee's request to withdraw the appeal, supported by the Revenue's no objection, and thus dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal against the order of the Commissioner of Income Tax (Transfer Pricing). The assessee later requested to withdraw the appeal due to availing the Vivad Se Vishwas Scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn based on the assessee's request and availing the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH

Before: DR. BRR KUMAR & SHRI SIDDHARTHA NAUTIYAL

Hearing: 19.02.2025Pronounced: 20.02.2025

Assessee Represented: Shri Parin Shah, AR. Revenue Represented: Shri Prathvi Raj Meena, CIT.D.R. Date of hearing : 19.02.2025 Date of pronouncement : 20.02.2025 आदेश/ORDER PER : DR. BRR KUMAR, VICE PRESIDENT:

This appeal is filed by the Assessee as against the appellate order dated 23.01.2013 passed by the Commissioner of Income Tax (Transfer Pricing) Ahmedabad, relating to the Assessment Year 2009-10. I.T.A(TP) No. 1089/Ahd/2014 A.Y. 2009-10 Page No 2

2.

At the outset, the assessee vide letter dated 17.02.2025 submitted that he does not seek to pursue the said appeal owing to exercise of option for availing Vivad Se Vishwas Scheme and consequently requested that his application for withdrawal of appeal may please be granted. The assessee has submitted Form Nos. 1 & 2 under the Direct Tax Vivad Se Vishwas Scheme, 2024.

3.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.

4.

In the light of written requests made on behalf of the captioned parties, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

5.

In the result, the appeal filed by the Assessee is hereby dismissed as withdrawn.

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