MODEL N INDIA SOFTWARE PRIVATE LIMITED,HYDERABAD V. ACIT., CIRCLE- 5(1), HYDERABAD

ITA 942/HYD/2024

AI Insights

Model N India Software Private Limited filed an appeal against an order passed under sections 143(3) read with section 144C(13) of the Income Tax Act, 1961, concerning the assessment year 2020-21. During the proceedings, the assessee's representative informed the tribunal about their decision to opt for the Vivad-Se-Vishwas Scheme, 2024, to resolve the tax dispute for the mentioned assessment year. The tribunal was presented with Form-2, which confirmed that the tax liability under the scheme had been settled, with no balance payment due. Consequently, the assessee requested the withdrawal of the appeal, which was unopposed by the Departmental Representative. The tribunal, after considering the submissions and the settlement of the tax liability, allowed the withdrawal of the appeal and dismissed it accordingly.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 47161 (ITAT-HYDERABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: misc
• Laws Referred To: I.T. Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ISHA MAHAWAR
• Keywords: Competent authority
• Section: 143(3)

Judgement Text

" ITA No 942 of 2024 Model N India Software P Ltd Page 1 of 3 आयकर अपीलȣय अͬधकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ DB-A ‘ Bench, Hyderabad Before Shri Vijay Pal Rao, Vice-President A N D Shri Madhusudan Sawdia, Accountant Member आ.अपी.सं /ITA No.942/Hyd/2024 (िनधाŊरण वषŊ/Assessment Year: 2020-21) Model N India Software Private Limited, Hyderabad PAN:AAGCM3217N Vs. ACIT Circle 5(1) Hyderabad (Appellant) (Respondent) िनधाŊįरती Ȫारा/Assessee by: CA Isha Mahawar राज̾ व Ȫारा/Revenue by:: Shri Srinath Sadanala, DR सुनवाई की तारीख/Date of hearing: 07/04/2025 घोषणा की तारीख/Pronouncement: 07/04/2025 आदेश/ORDER Per Vijay Pal Rao, Vice President This appeal filed by the assessee is directed against the order passed u/s 143(3) r.w.s. 144C(13) of the I.T. Act, 1961 dated 26/07/2024 for the A.Y 2020-21. 2. At the time of hearing, the learned AR of the assessee has submitted that the assessee has opted for Vivad-Se-Vishwas Scheme, 2024 to settle the tax dispute for the year under consideration. He has referred to Form-2 issued by the designated ITA No 942 of 2024 Model N India Software P Ltd Page 2 of 3 authority and submitted that the assessee has already paid the tax liability determined under the Vivad-Se-Vishwas Scheme, 2024. Thus, the learned AR has submitted that the assessee does not want to pursue the present appeal and prayed for withdrawal of the same. 3. On the other hand, the learned DR has raised no objection, if the appeal of the assessee is dismissed as withdrawn in view of the assessee opted for Vivad-Se-Vishwas Scheme, 2024 to settle the tax dispute. 4. Having considered the rival submission and careful perusal of the record, we find that the assessee has filed an application dated 20/03/2025 seeking withdrawn of the present appeal, in view of the fact that the assessee opted for Vivad-Se- Vishwas Scheme, 2024 to settle the tax liability arising from the impugned assessment order. The competent authority has issued Form-2, dated 17/03/2025 whereby the tax payable under Vivad- Se-Vishwas Scheme, 2024 for final settlement is determined which is already paid as mentioned in Form-2 itself and the balance payment amount is shown as ‘NIL’. Thus, the assessee has also paid the amount of tax payable as determined by the competent authority under Vivad-Se-Vishwas Scheme, 2024. Accordingly, in the facts and circumstances of the case, when the assessee has opted for Vivad-Se-Vishwas Scheme, 2024 and also paid the tax as determined by the competent authority while ITA No 942 of 2024 Model N India Software P Ltd Page 3 of 3 issuing Form-2, the present appeal of the assessee is allowed to be withdrawn and consequently, the same is dismissed being withdrawn. 5. In the result, appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the Open Court on the conclusion of hearing i.e. 7th April, 2025. Sd/- Sd/- (MADHUSUDAN SAWDIA) ACCOUNTANT MEMBER (VIJAY PAL RAO) VICE-PRESIDENT Hyderabad, dated 7th April, 2025 Vinodan/sps Copy to: S.No Addresses 1 Model N India Software (P) Ltd, Unit No.100, 10th Floor, Building No.12D, Sundew Properties Ltd, IT/ITES SEZ, Mindspace, Madhapur BO Shaikpet, Hyderabad 500081 2 ACIT, Circle 5(1) 6th Floor, Aayakar Bhavan, Basheerbagh, Hyderabad 3 Pr. CIT - Hyderabad 4 DR, ITAT Hyderabad Benches 5 Guard File By Order "