ACIT, CIRCLE-23(1), NEW DELHI vs. SHOWA INDIA PVT.LTD, FARIDABAD

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ITA 8326/DEL/2019Status: DisposedITAT Delhi14 February 2025AY 2013-14Bench: SHRI VIKAS AWASTHY (Judicial Member), SHRI AVDHESH KUMAR MISHRA (Accountant Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the assessee's appeals as withdrawn due to settlement under the VSVS scheme. The Revenue's appeal was dismissed as infructuous. Liberty was granted to revive the appeals if the VSVS application fails.

What were the facts?

The assessee had filed appeals for AY 2013-14 and AY 2014-15. The assessee subsequently settled the disputes under the Vivad Se Vishwas Scheme (VSVS). The assessee filed an application for withdrawal of appeals based on the VSVS settlement.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “H”, DELHI

Before: SHRI VIKAS AWASTHY & SHRI AVDHESH KUMAR MISHRA

For Appellant: Ms. Ananya Kapoor, Advocate, Shri Tarun Chanana, Advcoate
For Respondent: Shri Ashish Tripathi, Sr. DR
Hearing: 14/02/2025

(AY 2013-14) सुनवाई क� ितिथ/ Date of hearing : 14/02/2025 घोषणा क� ितिथ/ Date of pronouncement : : 14/02/2025 आदेश/ORDER PER VIKAS AWASTHY, JM: These cross appeals for assessment year 2013-14 by the assessee and Revenue are directed against the assessment order dated 25.01.2017 passed u/s 143(3) r.w.s. 144C of the Income Tax Act 1961 (hereinafter referred to as ‘the Act’) for assessment years 2013-14. The assessee has also filed appeal against assessment order dated 30.10.2018 passed u/s. 143(3) r.w.s. 144C of the Act, for assessment year 2014-15.

2.

The ld. Counsel of the assessee submits that the assessee has settled the dispute in appeals for AY 2013-14 and AY 2014-15 under Vivad Se Vishwas Scheme 2024 (in Short ‘VSVS’). She furnished application dated 31.01.2025 for withdrawal of appeal along with copy of Form No. 2 issued under VSVS for AY 2013-14 & 2014-15, respectively.

3.

Shri Ashish Tripathi representing the department submitted that the Department may be given liberty to revive the appeal in in the event application filed by the assessee under VSVS fails to mature for any reason.

4.

In light of, the prayer made by the assessee in application (supra), the appeal of the assessee for AY 2013-14 & 2014-15 are dismissed as withdrawn and appeal by the Department for AY 2013-14 having become infructuous, is dismissed as such.

(AY 2013-14) 5. Liberty is granted to the assessee/department to revive there respective appeal in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court].

6.

In the result, appeal of the assessee for AY 2013-14 and AY 2014-15 are dismissed as withdrawn and appeal of the Revenue is dismissed as infructuous. Order pronounced in the open court on Friday the 14th day of February, 2025. Sd/- Sd/- (AVDHESH KUMAR MISHRA) (VIKAS AWASTHY) लेखाकार सद�य/ACCOUNTANT MEMBER �याियक सद�य/JUDICIAL MEMBER िद�ी/Delhi, �दनांक/Dated 14/02/2025 NV/- �ितिलिप अ�ेिषतCopy of the Order forwarded to :

1. 1. अपीलाथ�/The Appellant , �ितवादी/ The Respondent. 2.

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