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Facts
The Revenue had filed appeals against the assessee. During the hearing, the assessee informed the Tribunal that they had filed a declaration under "The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024" and requested to withdraw the appeals. The Senior DR for the Revenue consented to the withdrawal.
Held
The Tribunal deemed all captioned appeals to be dismissed as withdrawn. It was clarified that if the assessee fails to avail the benefits of the DTVSV Scheme for any reason, the Revenue would have the liberty to seek restoration of the original appeals for hearing before the ITAT.
Key Issues
Withdrawal of Revenue's appeals due to the assessee's application under the Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024, and the conditions for potential restoration of appeals.
Sections Cited
Section 143(3) of the Income Tax Act, 1961, Section 144C of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “I” BENCH: NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI PRADIP KUMAR KEDIA
ITA Nos. 2939/Del/2015 & 3148/Del/2017 [Assessment Years : 2009-10 & 2010-11] DCIT vs LVMH Watch & Jewellery India Pvt.Ltd. Circle-15(2) 301-312, 3rd Floor, Block F New Delhi International trade Tower, Nehru Place New Delhi-110019 PAN-AAACL7814N APPELLANT RESPONDENT Appellant by Ms. Harpreet Kaur Hansra, Sr. DR Respondent by Shri Rachit Agarwal, CA Date of Hearing 20.12.2024 Date of Pronouncement 20.12.2024 ORDER
PER PRADIP KUMAR KEDIA, AM :
The captioned appeals arise from the first appellate orders in the case of Revenue in respective assessment orders passed by the Assessing Officer tabulated hereunder: Sr.
Assessment Remarks Nos. Order dated Order dated 1. 2711/Del/2014 CIT(A)-XX, 31.01.2011 Assessment Order passed New Delhi under section 143(3) r.w.s order dated 144C of the Income Tax 20.02.2014 Act, 1961. 2 4349/Del/2014 CIT(A)-XX, 19.01.2012 -do- New Delhi order dated 30.05.2014
2939/Del/2015 CIT(A)-44, 15.03.2013 -do- New Delhi order dated 24.02.2015 4. 3148/Del/2017 CIT(A)-44, 28.04.2014 Assessment Order passed New Delhi under section 143(3) of order dated the Income Tax Act, 15.11.2016 1961. All captioned appeals of the Revenue have been heard together and therefore, a consolidated order is being passed hereunder: 2. When the matter was called for hearing, the Ld. Counsel for the assessee referred to the letter dated 03.12.2024 submitted that the assessee has filed declaration in Form 1 in order to avail “The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024”. Form 2 has also been issued by the Income Tax Department. The Ld. Counsel of the assessee thus sought withdrawal of the appeals. 3. The Ld. Sr. DR for the Revenue fairly agreed to the application of the assessee.
In the light of oral/written request made on behalf of the assessee, the captioned appeals are deemed to be dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of DTVSV Scheme for any reasons, then the Revenue concerned shall be at liberty to seek restoration of original appeals for hearing before ITAT in accordance with law.