AUTOLIV INDIA PRIVATE LIMITED,BENGALURU V. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BANGALORE

ITA 461/BANG/2022

AI Insights

The case involves appeals by M/s. Autoliv India Private Limited against the orders of the Assessing Officer for the assessment years 2017-18 and 2018-19. The appeals were related to disputes under the Income Tax Act, 1961. However, the company decided to settle these disputes under the DTVSV Scheme 2024 and submitted the necessary declarations and received certificates from the CIT. Consequently, both parties agreed to withdraw the appeals, and the tribunal dismissed the appeals as withdrawn, granting liberty to reinstate if the DTVSV applications were not accepted.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 126169 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2017-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEERA MALHOTRA
• Assessee Lawyers: MANASA
• Section: 143(3); 92

Judgement Text

"IT(TP)A No.461 & 853/Bang/2022 M/s. Autoliv India Private 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.461 & 853/Bang/2022 Assessment Year : 2017-18 & 2018-19 M/s. Autoliv India Private Limited Plot # 31, 32-P, 33-P Hi-Tech Defence and Aerospace Park IT Sector, Jala Industrial Area Hobli Bengaluru North, Yelahanka Bengaluru Urban Karnataka 562 149 PAN NO : AADCA6222E Vs. DCIT Circle-1(1)(1) Bangalore APPELLANT RESPONDENT Appellant by : Ms. Manasa, A.R. Respondent by : Ms. Neera Malhotra, D.R. Date of Hearing : 28.01.2025 Date of Pronouncement : 25.04.2025 O R D E R PER KESHAV DUBEY, JUDICIAL MEMBER: These appeals at the instance of the assessee are directed against the order of the ld. AO dated 30.3.2022 vide DIN No. ITBA/AST/S/143(3)/2021-22/1042070448(1) and dated 20.7.2022 vide DIN No. ITBA/AST/S/143(3)/2022-23/1043998462(1) passed u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (in short “the Act”) for the assessment years 2017-18 & 2018-19 respectively. Since the issue in both the appeals is common, these are clubbed together, heard together and disposed of by this common order for the sake of convenience. 2. The assessee has raised various grounds in both these appeals and also additional grounds for adjudication for the AY 2018-19. IT(TP)A No.461 & 853/Bang/2022 M/s. Autoliv India Private Limited, Bangalore Page 2 of 3 3. However, during the course of hearing before us, the ld. AR of the assessee at the outset drew our attention on two different letters for the assessment years 2017-18 & 2018-19 dated 21.1.2025 and 20.1.2025 respectively, wherein it is submitted that the assessee company has decided to settle the appeal filed before the ITAT for the assessment year 2017-18 & 2018-19 under the DTVSV Scheme 2024 and accordingly the company had filed a declaration in the Form 1 DTVSV 2024 for the settlement of the disputes under the Direct Tax Vivad se Vishwas, 2024 and ld. CIT has already issued the Form-2 for both the assessment years. In view of the above, the assessee company requested to treat the both the appeals as having been withdrawn as the matter is now going to be settled under the DTVSV Scheme 2024. 4. The ld. D.R. on the other hand has no objection for the request of withdrawal of the appeals as urged by the assessee as the assessee company had 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 letters along with the attachments marked as Annexure-1 & Annexure-2 filed on 21.1.2025 & 20.1.2025, we find that the Form No.2 i.e. Certificates under sub- section (1) of section 92 of the Finance (2) Act, 2024, are already issued by the ld. Commissioner of Income Tax on 13.1.2025 for both the assessment years separately. This Being so, we, IT(TP)A No.461 & 853/Bang/2022 M/s. Autoliv India Private Limited, Bangalore Page 3 of 3 accordingly, as per the request letters dated 21.01.2025 and 20.1.2025 for the assessment years 2017-18 & 2018-19, dismiss these appeals of the assessee as withdrawn with a liberty to reinstate the appeals if the assessee’s applications under the DTVSV Scheme, 2024 are not accepted for any reason for both these assessment years. . 6. In the result, both the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open court on 25th Apr, 2025 Sd/- (Prashant Maharishi) Vice President Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 25th 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. "