KOBELCO CRANES INDIA PVT. LTD.,NEW DELHI vs. ACIT TPO-2(2)(1), NEW DELHI

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ITA 7370/DEL/2019Status: DisposedITAT Delhi18 March 2025AY 2014-15Bench: Ms. MADHUMITA ROY (Judicial Member), SHRI AVDHESH KUMAR MISHRA (Accountant Member)3 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 Tribunal allowed the assessee to withdraw the appeals as the Revenue did not controvert the averments made. Liberty was granted to revive the appeals if the benefit under the VSVS Scheme was not extended.

What were the facts?

The assessee filed an application to withdraw the instant appeals for assessment years 2012-13, 2013-14, and 2014-15. The reason for withdrawal was that the assessee had opted for settlement under the Vivad Se Vishwas Scheme, 2024.

What were the issues?

The primary issue was whether the assessee could withdraw the appeals due to opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: Ms. MADHUMITA ROY & SHRI AVDHESH KUMAR MISHRA

For Appellant: Ms. Anima Barnwal, CIT DR
For Respondent: Ms. Anima Barnwal, CIT DR
Hearing: 18.03.2025Pronounced: 18.03.2025

PAN: AAECK0664R APPELLANT RESPONDENT & Assessment Year: 2013-14 DCIT Vs Kobelco Cranes India Pvt. Ltd., Circle-14(2), C-20, South Extension, New Delhi. Part-2, New Delhi. PAN No.AAECK0664R APPELLANT RESPONDENT Ms. Prachi, CA Assessee represented by Department represented by Ms. Anima Barnwal, CIT DR Date of hearing 18.03.2025 Date of pronouncement 18.03.2025 O R D E R PER BENCH All these five appeals are filed by the Assessee and Revenue against different orders of the Ld. CIT(Appeals)-44, New Delhi for the assessment years 2012-13, 2013-14 &2014-15 respectively .

2.

Learned AR representing the assessee at the outset submitted that assessee has filed an application for withdrawal of the instant appeals on the ground that for the impugned assessment years under consideration he has opted for settlement under Vivad Se Vishwas Scheme, 2024. A copy of Form no. 2 under the said

3 Kobelco Cranes India Pvt. Ltd. scheme in each of the appeal has also been annexed along with the application.

Accordingly, the learned counsel submitted that assessee may be allowed to withdraw the instant appeals. The Revenue could not controvert the averments made in the application.

3.

Under these facts and circumstances of the matter the appeals are dismissed as withdrawn. However, the appellant is granted liberty, in the event of benefit under the VSVS Scheme, 2024 is not extended to him, for revival of the appeals before the Tribunal by making appropriate application.

4.

The appeals are dismissed as withdrawn.

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