COFFEEDAY HOTELS & RESORTS PRIVATE LIMITED ,BANGALORE V. DCIT, CIRCLE-2(1)(1), BANGALORE

ITA 738/BANG/2025

AI Insights

The case involved Coffeeday Hotels & Resorts Private Limited, which appealed against an order from the CIT(A)/NFAC concerning the assessment year 2017-18. The appeal was related to disputes under the Income Tax Act, 1961. However, prior to the hearing, the assessee opted to settle the disputes under the Direct Tax Vivad se Vishwas Scheme, 2024, and submitted the necessary forms to the tax authorities. Consequently, the assessee requested the withdrawal of the appeal, which was unopposed by the respondent and accepted by the tribunal based on the compliance with the scheme's provisions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 633425 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2025
• 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: BALUSAMY N.
• Assessee Lawyers: RAVISH RAO
• Section: 92

Judgement Text

"ITA No.738/Bang/2025 Coffeeday Hotels and Resorts, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI PRASHANT MAHARISHI, VICE PRESIDENT AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No.738/Bang/2025 Assessment Year: 2017-18 Coffeeday Hotels & Resorts Private Limited No.165, R.V. Road, Near Minerva Circle Bangalore 560 004 PAN NO : AAECM3419J Vs. DCIT Circle-2(1)(1) Bangalore APPELLANT RESPONDENT Appellant by : Sri Ravish Rao, A.R. Respondent by : Sri Balusamy N., D.R. Date of Hearing : 10.06.2025 Date of Pronouncement : 11.06.2025 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, vide DIN & Order No. ITBA/NFAC/S/250/2024-25/1073586386(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 4 grounds of appeal. 3. At the outset, the ld. A.R. for the assessee drawn our attention to a letter dated 19.5.2025 wherein it is submitted that the assessee had opted to settle the case of quantum assessment under VSVS, 2024 and accordingly filed the Form 1 DTVSV 2024 for the settlement of the disputes under the Direct Tax Vivad se Vishwas, 2024 and the ITA No.738/Bang/2025 Coffeeday Hotels and Resorts, Bangalore Page 2 of 3 ld. Principal CIT, Bangalore-2 had issued the Form-2 dated 11.3.2025. Further it is also submitted that the ld. CIT has already issued the form 4 on 21.4.2025. Accordingly, the AR of the assessee requested to allow for the withdrawal of appeal. 4. Ld. D.R. on the other hand has no objection for the request of withdraw of the appeal made by the assessee as the assessee has already been issued Form-4 under 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 along with the enclosures filed on 19.5.2025, 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 on 11.3.2025. Further, intimation of payment under sub-section (2) of section 92 of the Finance (No.2) Act, 2024 is filed by the assessee on 20.3.2025 vide acknowledgement No.907044960200325 and accordingly the Form No.4 i.e. Order for full & final settlement of tax arrears under sub- section (2) of section 92 r.w.s. 93 of the Finance (2) Act, 2024 is already issued by the ld. PCIT on 21.4.2025. This Being so, we, accordingly, as per the request letter dated 19.5.2025, dismiss this appeal of the assessee for the assessment year 2017-18 as withdrawn. ITA No.738/Bang/2025 Coffeeday Hotels and Resorts, 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 Jun, 2025 Sd/- (Prashant Maharishi) Vice President Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 11th Jun, 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. "