CARGILL THE NETHERLANDS HOLDING BV,NETHERLANDS V. DCIT (INTERNATIONAL TAXATION), CIRCLE - 2(1), BENGALURU

ITA 1126/BANG/2024

AI Insights

The case involved Cargill The Netherlands Holding BV, which appealed against an order from the CIT(A)-12, Bengaluru, concerning the assessment year 2011-12. The appeal was related to disputes under the Income Tax Act, 1961. During the proceedings, the appellant requested to withdraw the appeal, citing the Direct Tax Vivad Se Vishwas Scheme, 2024, under which they had filed a declaration to settle disputed issues. The respondent did not object to the withdrawal. Consequently, the tribunal dismissed the appeal as withdrawn, with the provision to reinstate if the settlement under the scheme was not accepted.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 33982 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEERA MALHOTRA
• Assessee Lawyers: PARTH
• Section: 250; 92

Judgement Text

"IT(IT)A No.1126/Bang/2024 Cargill The Netherlands Holding BV, Netherlands IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER IT(IT)A No.1126/Bang/2024 Assessment Year: 2011-12 Cargill the Netherlands Holding BV Evert Van De Beekstraat 378 1118 CZ Schiphol, PO Box No.75840 Netherlands. PAN NO : AAECP1441K Vs. DCIT (International Taxation) Circle-2(1) Bangalore APPELLANT RESPONDENT Appellant by : Shri Parth, A.R. Respondent by : Ms. Neera Malhotra, D.R. Date of Hearing : 24.02.2025 Date of Pronouncement : 28.02.2025 O R D E R PER KESHAV DUBEY, JUDICIAL MEMBER: This appeal at the instance of the assessee is directed against the order of ld. CIT(A)-12, Bengaluru dated 17.3.2023 vide DIN No. ITBA/APL/M/250/2022-23/1050891249(1) for the AY 2011-12 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”). 2. During the course of hearing, the ld. A.R. of the assessee at the outset has drawn our attention to a letter dated 27.01.2025 filed on 06.02.2025 requesting for withdrawal of the appeal enclosing therein the copy of Form 1 filed under the Direct Tax Vivad Se Vishwas Scheme 2024 (DTVSV, 2024) as well as copy of Form-2 issued by the ld. Commissioner of Income Tax dated 27/01/2025 and submitted that the assessee has filed a declaration in Form-1 to settle the IT(IT)A No.1126/Bang/2024 Cargill The Netherlands Holding BV, Netherlands Page 2 of 3 disputed issues under the DTVSV Scheme, 2024 and also submitted that Form No.2 i.e. Certificate under sub-section (1) of section 92 of the Finance (2) Act, 2024 is already issued by the ld. Commissioner on 27.1.2025. Further, ld. A.R. of the assessee submitted that as per the provisions of this Scheme, on receipt of Form No.2, the appeal pending before the Hon’ble Tribunal would be deemed to have been withdrawn and accordingly requested to dismiss the appeal as withdrawn. 3. Ld. D.R. on the other hand has no objection on the request for withdrawal of Appeal as made by the assessee. 4. 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 arrear shall be deemed to have been withdrawn upon the issuance of certificate u/s 92(1) of the DTVSV Scheme, 2024. 4.1 On going through the letter along with the enclosures filed on 06/02/2025 we find that the Form No.2 i.e. Certificate under sub- section (1) of section 92 of the Finance (2) Act, 2024, is already issued by the ld. Commissioner of Income Tax on 27.1.2025. We, accordingly, at the request of the ld. A.R. of the assessee dismiss this appeal of the assessee as withdrawn with liberty to reinstate the appeal if the assessee’s application under the Direct Tax Vivad Se Vishwas Scheme, 2024 is not accepted for any reason. IT(IT)A No.1126/Bang/2024 Cargill The Netherlands Holding BV, Netherlands Page 3 of 3 5. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 26th Feb, 2025 Sd/- (Laxmi Prasad Sahu) Accountant Member Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 26th Feb, 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. "