Loading judgment…
Facts
The assessee, Greenlam Industries Limited, filed two appeals for Assessment Years 2017-18 and 2018-19. During the proceedings, the assessee's counsel informed the Tribunal that the assessee had applied under the DTVSVS Scheme, 2024, and requested that the appeals be kept pending until a final settlement order was received under the VSVS-Scheme.
Held
The Tribunal noted that withdrawal of appeal is a primary condition for availing benefits under the DTVSVS Scheme, 2024. Consequently, the appeals were dismissed. However, the Tribunal granted the assessee the liberty to file a miscellaneous application if they fail to get their matters settled under the DTVSVS Scheme.
Key Issues
Whether appeals filed by an assessee should be dismissed or kept pending when the assessee has applied for settlement under the DTVSVS Scheme, 2024, given the condition of appeal withdrawal for availing scheme benefits.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI
PER SANJAY AWASTHI, ACCOUNTANT MEMBER: 1. These are a batch of two appeals pertaining to the same assessee which are being adjudicated through a single order.
-109/GTY/2024 Greenlam Industries Limited mentioned that for these two years, the assessee has filed for DTVSVS. However, it is stated that the matter could be kept pending till the final settlement orders could be received under VSVS-Scheme.
We have considered the averments of the Ld. AR and also of the Ld. Departmental Representative. It is understood that for the assessee to avail benefit under DTVSVS Scheme, 2024, withdrawal of appeal is a primary contention. Accordingly, we are dismissing this appeal, but also providing an opportunity to the assessee for filing an appropriate miscellaneous application in case he does not succeed, for whatever reason, in getting his matter settled under the DTVSVS Scheme.
Accordingly, all the two appeals of the assessee are treated as dismissed.
Order pronounced in the court on 06.03.2025