GREENLAM INDUSTRIES LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -1, ASSAM

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ITA 109/GTY/2024Status: DisposedITAT Guwahati06 March 2025AY 2018-19Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals, acknowledging that withdrawal of appeals is a prerequisite for availing benefits under the DTVSVS Scheme. However, it provided the assessee with the option to file a miscellaneous application if they are unable to settle their matter under the DTVSVS Scheme.

What were the facts?

The assessee filed two appeals for Assessment Years 2017-18 and 2018-19. During the hearing, it was submitted that the assessee had applied for the Direct Tax Vivad se Vishwas Scheme (DTVSVS) for these assessment years.

What were the issues?

Whether to dismiss appeals or keep them pending when the assessee has opted for the DTVSVS Scheme, and the provision for filing a miscellaneous application if the DTVSVS settlement fails.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI

Heard together (2 matters)

I.T.A. No. 108/GTY/2024
I.T.A. No. 109/GTY/2024

Read from the judgment's own cause title. This page is filed under one of them.

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.

1.

-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.

2.

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.

3.

Accordingly, all the two appeals of the assessee are treated as dismissed.

Order pronounced in the court on 06.03.2025

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