NEXUS ONE,BANGALORE V. INCOME TAX OFFICER, WARD 7(2)(3), , BENGALURU

ITA 2052/BANG/2024

AI Insights

The case involves two appeals filed by Nexus One against the orders of the CIT(A)/NFAC for the assessment years 2015-16 and 2016-17. The appeals were related to disputes over penalties. During the hearing, no representative appeared for the assessee; however, a letter was submitted requesting the withdrawal of the appeals. This request was supported by the issuance of Form-2 by the Principal Commissioner of Income Tax, which confirmed the payment of the disputed penalties. The Departmental Representative did not object to the withdrawal. Consequently, the tribunal dismissed the appeals as withdrawn, with a provision to reinstate them if necessary.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 34297 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NETRAPAL M.S.
• Section: 250; 92

Judgement Text

"ITA Nos.2052 & 2053/Bang/2024 Nexus One, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA Nos.2052 & 2053/Bang/2024 Assessment Years: 2015-16 & 2016-17 Nexus One No.15/21, Sindhi Hospital Road 2nd Main 12th A Cross Sampangiramanagar Bangalore Karnataka 560 027 PAN NO : AAKFN5447Q Vs. ITO Ward 7(2)(3) Bangalore APPELLANT RESPONDENT Appellant by : N O N E Respondent by : Sri Netrapal M.S., D.R. Date of Hearing : 19.12.2024 Date of Pronouncement : 12.03.2025 O R D E R PER KESHAV DUBEY, JUDICIAL MEMBER: These two appeals filed by the assessee against the order of the ld. CIT(A)/NFAC both dated 28/08/2024 vide DIN & Order No. ITBA/NFAC/S/250/2024-25/1068077069(1) & ITBA/NFAC/S/250 /2024-25/1068077069(1) for the assessment years 2015-16 & 2016-17 respectively passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”). 2. During the course of hearing, none appeared on behalf of the assessee. However, on going through the record, we find a letter dated 10.12.2024 filed on 13.12.2024 for both the assessment years requesting for withdrawal of the appeals enclosing therein the ITA Nos.2052 & 2053/Bang/2024 Nexus One, Bangalore Page 2 of 3 copy of Form-2 issued by the ld. Principal Commissioner of Income Tax on 27.11.2024 for both the AYs along with the copy of Challans evidencing the payment of disputed Penalty as determined in Form- 2 for the Asst. year 2015-16 & Asst. year 2016-17. 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 arrears 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 13.12.2024, 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. Principal Commissioner of Income Tax on 27.11.2024. Further we also take a note of the fact that even the disputed penalty determined to be payable as per the form No. 2 is already paid by the assessee on 10/12/2024 for both these Asst. years. Being so, we, accordingly, as per the request letter dated 10.12.2024 filed on 13.12.2024 for both the assessment years, 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. ITA Nos.2052 & 2053/Bang/2024 Nexus One, Bangalore Page 3 of 3 5. In the result, both the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open court on 12th Mar, 2025 Sd/- (Waseem Ahmed) Accountant Member Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 12th Mar, 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. "