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Facts
The assessee, LVMH Watch & Jewellery India Pvt. Ltd., had multiple appeals pending before the ITAT concerning assessment years 2007-08 to 2010-11. During the hearing, the assessee's counsel informed the Tribunal that the assessee had filed a declaration under "The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024" and had received Form 2 from the Income Tax Department, seeking to withdraw all the captioned appeals.
Held
The Tribunal, with no objection from the Ld. Sr. DR for the Revenue, allowed the withdrawal of all pending appeals filed by the assessee. The Tribunal further granted liberty to the assessee to seek restoration of the original appeals for hearing if they fail to avail the benefits of the DTVSV Scheme for any bona fide reasons.
Key Issues
Whether appeals filed by the assessee should be dismissed as withdrawn given their opting for "The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024", and under what conditions such appeals could be restored.
Sections Cited
143(3), 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
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.