Loading judgment…
Facts
The assessee had filed multiple appeals before the Income Tax Appellate Tribunal. During the hearing, the assessee's counsel informed the Tribunal that the assessee had opted for "The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024" by filing Form 1 and receiving Form 2 from the Income Tax Department, and consequently sought to withdraw all pending appeals.
Held
The Tribunal acknowledged the assessee's request for withdrawal of appeals due to availing the DTVSV Scheme and noted that the Revenue had no objection. All appeals were dismissed as withdrawn, with a caveat that the assessee may seek restoration if they fail to avail the DTVSV Scheme benefit for bonafide reasons.
Key Issues
Whether the pending appeals should be dismissed as withdrawn given the assessee's decision to opt for the 'Direct Tax Vivad Se Vishwas Scheme, 2024' and the Revenue's concurrence.
Sections Cited
Income Tax Act, 1961, Section 143(3), Section 144C
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 No.2797/Del/2017 [Assessment Year : 2010-11] LVMH Watch & Jewellery India vs DCIT Pvt.Ltd., Avanta Business Circle-15(2) Center, Block –E, 2nd Floor New Delhi International Trade Tower Nehru Place, New Delhi-110019 PAN-AAACL7814N APPELLANT RESPONDENT Appellant by Shri Rachit Agarwal, CA Respondent by Ms. Harpreet Kaur Hansra, Sr. DR 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 assessee in respective assessment orders passed by the Assessing Officer tabulated hereunder: Sr.
Assessment Remarks Nos. Order dated Order dated 1. 2569/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 4295/Del/2014 CIT(A)-XX, 19.01.2012 -do- New Delhi order dated
2755/Del/2015 CIT(A)-44, 15.03.2013 -do- New Delhi order dated 24.02.2015 4. 2797/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 assessee 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 letter dated 03.12.2024 and 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 captioned appeals. 3. The Ld. Sr. DR for the Revenue stated that she has no objection to withdraw the appeals as sought on behalf of the assessee.
In the light of oral/written request made on behalf of the assessee, the captioned appeals are dismissed. However, in the event, the assessee fails to avail the benefit of DTVSV Scheme for any bonafide reasons, then the assessee concerned shall be at liberty to seek restoration of original appeals for hearing before ITAT in accordance with law.