ARAVIND KUSHALNAGAR VENKATESH SHRIHARI,BANGALORE V. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), BANGALORE

ITA 1116/BANG/2024

AI Insights

The case involves Aravind Kushalnagar Venkatesh Shrihari, the appellant, contesting an order from the CIT(A)/NFAC for the assessment year 2017-18. The appellant opted for the DTVSV Scheme, which is a government initiative aimed at resolving tax disputes. By filing the necessary forms under this scheme, the appellant sought to withdraw the appeal pending before the Income Tax Appellate Tribunal (ITAT), Bangalore. The respondent, ACIT Circle-2(2)(1), did not object to this withdrawal. The tribunal's decision to dismiss the appeal as withdrawn was in accordance with the provisions of the DTVSV Scheme, specifically section 91(2), which allows for the withdrawal of appeals upon the issuance of a settlement certificate.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 126090 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-04-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEHA SAHAY
• Assessee Lawyers: SUNAINA BHATIA
• Section: 250; 92

Judgement Text

"ITA No.1116/Bang/2024 Aravind Kushalnagar Venkatesh Shrihari, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “A’’BENCH: BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No.1116/Bang/2024 Assessment Year : 2017-18 Aravind Kushalnagar Venkatesh Shrihari No.86, Margosa Road Malleshwaram Bangalore 560 055 PAN NO : AWIPS6289D Vs. ACIT Circl-2(2)(1) Bangalore APPELLANT RESPONDENT Appellant by : Ms. Sunaina Bhatia, A.R. Respondent by : Smt. Neha Sahay, D.R. Date of Hearing : 23.01.2025 Date of Pronouncement : 21.04.2025 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. CIT(A)/NFAC dated 13.04.2024 vide DIN & Order No. ITBA/NFAC/S/250/2024-25/1064077904(1) passed u/s 250 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2017-18. 2. The assessee has raised various grounds of appeal. 3. However, at the outset, during the course of hearing of appeal before us, the ld. A.R. for the assessee drew our attention to email & letter dated 23.01.2025, wherein it is submitted that the assessee had already preferred to avail the Direct Tax Vivad se ITA No.1116/Bang/2024 Aravind Kushalnagar Venkatesh Shrihari, Bangalore Page 2 of 3 Vishwas Scheme, 2024 (DTVSV Scheme) by filing the Form 1 DTVSV 2024 and the revenue had already issued the Form-2 for the assessment year 2017-18 on 9.1.2025. Further, it is submitted that the assessee had already paid off the taxes & is in the process of filing the Form 3. Consequently, in compliance with the provisions of the DTVSV Scheme, the assessee requested to allow for the withdrawal of the appeal with liberty to revive the appeal, if the revenue does not issue the form 4. 4. The ld. D.R. on the other hand has no objection towards the request for withdrawal of the appeal as the assessee has already opted for DTVSV 2024. 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 dated 23/01/2025, we find that the Form No.2 i.e. Certificate under sub-section (1) of section 92 of the Finance (2) Act, 2024, has already issued by the Principal Commissioner of Income Tax on 09/01/2025. This being so, we, accordingly, as per the request letter dated 23.01.2025 for the assessment year 2017-18, 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. ITA No.1116/Bang/2024 Aravind Kushalnagar Venkatesh Shrihari, Bangalore Page 3 of 3 6. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 21st Apr, 2025 Sd/- (Waseem Ahmed) Accountant Member Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 21st Apr, 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. "