3M INDIA LIMITED,BANGALORE V. DCIT, BANGALORE

ITA 168/BANG/2016

AI Insights

The case involves 3M India Limited, which appealed against an order from the Deputy Commissioner of Income Tax (DCIT), Large Tax Payers Unit, Circle-1, Bangalore, concerning the assessment year 2011-12. The appeal was related to disputes under sections 143(3) and 144C of the Income Tax Act, 1961. However, prior to the hearing, the company opted to settle the dispute under the Direct Tax Vivad se Vishwas Scheme, 2024, and submitted the necessary forms to the Principal Commissioner of Income Tax, resulting in a refund determination. Consequently, the company requested the withdrawal of the appeal, which was unopposed by the Departmental Representative and subsequently granted by the ITAT.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 775742 (ITAT-BANGALORE)
• Duration Of Justice: 9 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 11-02-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DIVYA K.J.
• Assessee Lawyers: SHRUTI AGARWAL
• Section: 143(3); 92

Judgement Text

"IT(TPA)A No.168/Bang/2016 3M India Limited, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI PRASHANT MAHARISHI, VICE PRESIDENT AND SHRI KESHAV DUBEY, JUDICIAL MEMBER IT(TP)A No.168/Bang/2016 Assessment Year: 2011-12 3M India Limited Plot No.45-51, Electronic City Hosur Road Bangalore 560 100 PAN NO : AAACB5724H Vs. DCIT Circle-1 Bangalore APPELLANT RESPONDENT Appellant by : Ms. Shruti Agarwal, A.R. Respondent by : Dr. Divya K.J., D.R. Date of Hearing : 08.09.2025 Date of Pronouncement : 11.09.2025 O R D E R PER KESHAV DUBEY, JUDICIAL MEMBER: This appeal at the instance of the assessee is directed against the order of the ld. DCIT, Large Tax Payers Unit, Circle-1, Bangalore vide Order dated 17.12.2015 passed u/s 143(3) r.w.s. 144C of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2011-12. 2. The assessee has raised 4 different grounds with various sub- grounds in each ground of appeal. 3. At the outset, the ld. A.R. for the assessee drew our attention to a letter dated 18.7.2025 for the assessment year 2011-12 wherein it is submitted that the assessee had opted to settle the case under Printed from counselvise.com IT(TPA)A No.168/Bang/2016 3M India Limited, Bangalore Page 2 of 3 VSVS,2024 and filed the Form 1 DTVSV 2024 for the settlement of the disputes under the Direct Tax Vivad se Vishwas, 2024 and the ld. PCIT had already issued the Form-2 vide DIN/Acknowledgement No. 273618081080725 determining the refund of Rs.2,95,62,363/- on 08/07/2025. Accordingly, ld. A.R. requested for withdrawal of the appeal. 4. Ld. D.R. on the other hand has no objection for the request of withdrawal of the appeal as made by the assessee. 5. We have heard the rival submissions and perused the materials available on record. As per the provisions of section 91(2) of the DTVSV Scheme, 2024, any appeal pending before the ITAT or CIT(A) in respect of disputed interest or disputed penalty or disputed fee or tax arrears shall be deemed to have been withdrawn upon the issuance of certificate u/s 92(1) of the DTVSV Scheme, 2024. 5.1 On going through the letter along with the enclosures filed on 18.07.2025, we find that the Form No.2 i.e. Certificate under sub- section (1) of section 92 of the Finance (2) Act, 2024, is issued by the ld. Principal Commissioner of Income Tax, Bengaluru-2 on 8.7.2025. This Being so, we, accordingly, as per the request letter dated 18.07.2025 for the assessment year 2011-12, dismiss this appeal of the assessee as withdrawn with a liberty to reinstate the appeal if the assessee’s application under the DTVSV Scheme, 2024 is not accepted for any reason. Printed from counselvise.com IT(TPA)A No.168/Bang/2016 3M India Limited, Bangalore Page 3 of 3 6. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 11th Sept, 2025 Sd/- (Prashant Maharishi) Vice President Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 11th Sept, 2025. VG/SPS Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The DR, ITAT, Bangalore. 5 Guard file By order Asst. Registrar, ITAT, Bangalore. Printed from counselvise.com "