ZF INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME -TAX,

ITA 2612/PUN/2016Status: DisposedITAT Pune01 June 2021AY 2011-124 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeals filed by both the assessee and the Revenue. The Revenue was granted liberty to revive the appeal proceedings under specific circumstances related to the Vivad Se Vishwas Act.

What were the facts?

The assessee filed appeals before the ITAT. Subsequently, the assessee opted for the Direct Tax Vivad Se Vishwas Act, 2020, and filed declarations to settle the pending tax dispute. The assessee then sought to withdraw the appeals before the ITAT.

What were the issues?

The primary issue was the withdrawal of appeals by the assessee due to opting for the Vivad Se Vishwas scheme. The Tribunal had to decide whether to permit the withdrawal and under what conditions.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘C’ PUNE – VIRTUAL COURT

Before: SHRI R.S. SYAL & SHRI S.S.VISWANETHRA RAVI

For Appellant: Shri Gajanan Molane

For Respondent: Shri A.M. Mahadevan Krishnan

Heard together (2 matters)

ITA No.2612/PUN/2016

ITA No.2723/PUN/2016

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

आदेश / ORDER

These two cross appeals - one by the assessee and the other by the Revenue arise out of the order dated 24-08-2016 passed by the CIT(A)-13, Pune in relation to the assessment year 2011-12.

Before us, the assessee has filed a letter dated 23-03-2021 seeking withdrawal of the appeals. The relevant contents of such letter reads as under:

“We refer to the appeal filed by the Company ITA 2612/PUN/2016 in Form 36 on 17 November, 2016 and appeal filed by the Department ITA 2723/PUN/2016 in Form 36 on 02 December, 2016. Copy of the acknowledgement is enclosed as Annexure 1 for your Honours reference. In this regard, it is humbly submitted that with a view to settle the pending tax dispute for AY 2011-12 the Appellant had filed for the Direct Tax Vivad Se Vishwas Act, 2020 (‘the VsV Act’) on 25 December, 2020, a declaration in Form 1 to opt for the Scheme and further an undertaking in Form-2 waiving all its rights to any claims as per the provisions of section 4(1) and section 4(5) of the VsV Act. Copy of Form 1 and Form 2 have been enclosed herewith for your Honours reference as Annexure 2. Subsequently, the Designated Authority under the VsV Act issued a certificate (number 253077860310121) dated 31st January, 2021 under Form 3 as per the provisions of section 5(1) the VsV Act confirming the acceptance of the Forms 1 & 2 filed by the Appellant. Copy of the Form 3 issued has been enclosed as Annexure 3 for your Honours reference. In light of the above, the Appellant wishes to withdraw the captioned appeals (ITA 2612/PUN/2016 and ITA 2723/PUN/2016) filed before your Honours for AY 2011-12 and requests your Honours permission for the same with a liberty to revive it again in accordance with the provisions of section 4(6) of the VsV Act, in case the declaration made under the above mentioned provisions of the VsV Act is rejected or withdrawn or cancelled. We hope your Honour would accede to our request and oblige.”

The ld. DR did not raise any objection to the withdrawal of the appeals filed by the assessee and the Revenue. As such, the Bench permits for withdrawal of the appeals. However, the Revenue is at liberty to revive the appeal proceedings in the event of the Pr.

Commissioner of Income Tax declines to issue requisite certificates prescribed under the Direct Tax Vivad Se Vishwas Act, 2020 for whatsoever reasons or for any other bona fide reasons.

In the result, the appeals are dismissed as ‘withdrawn’.

Order pronounced in the Open Court on 01st June, 2021.

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