Appeal details
Counselvise Citation
[2025] 140 COUNSELVISE.COM (IT) 126173 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
25-04-2025
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
C
Assessment Year
2019-2020
Judgement Text
"ITA No.2460/Bang/2024 Tecnicas Reunidas SA, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No.2460/Bang/2024 Assessment Year: 2019-20 Tecnicas Reunidas SA 1st & 2nd Floor, JNR City Centre Plot No.30, Raja Ram Mohan Roy Road Sampangiramnagar SO Bangalore South Bangalore 560 027 Karnataka PAN NO : AAFCT9283L Vs. DCIT International Taxation Circle-2(2) Bangalore APPELLANT RESPONDENT Appellant by : Sri Keerthi Narayan, A.R. Respondent by : Ms. Neera Malhotra, D.R. Date of Hearing : 30.01.2025 Date of Pronouncement : 25.04.2025 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), Bengaluru-12 vide DIN & Order No. ITBA/APL/S/250/2024-25/1069392304(1) passed u/s 250 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2019-20. 2. The assessee has raised 11 grounds of appeal. 3. At the outset, the ld. A.R. for the assessee submitted a letter dated 28.1.2025 for the assessment year 2019-20 wherein it is submitted that the assessee had opted to settle the case under VSVS,2024 and filed the Form 1 DTVSV 2024 for the settlement of the disputes under the Direct Tax Vivad se Vishwas, 2024 and the ITA No.2460/Bang/2024 Tecnicas Reunidas SA, Bangalore Page 2 of 3 ld. CIT had issued the Form-2 with certain payables amount. The ld. AR also submitted that the assessee already complied with the payment and had filed the form 3 with the department. Further it is submitted that the ld. CIT has already issued the form 4 recently. Accordingly, the AR of the assessee requested to allow 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 28.01.2025, 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. Commissioner of Income Tax on 9.1.2025. Further the assessee has filed Form No.3 DTVSV 2024 i.e. intimation of payment under sub-section (2) of section 92 of the Finance (2) Act, 2024 on 21/01/2025 and accordingly the Form No.4 i.e. Order for full & final settlement of tax arrear under sub-section (2) of section 92 r.w.s. 93 of the Finance (2) Act, 2024 issued by the ld. CIT on 23.1.2025. This Being so, we, accordingly, as per the request letter dated 28.01.2025 for the assessment year 2019-20, we dismiss this appeal of the assessee as withdrawn. ITA No.2460/Bang/2024 Tecnicas Reunidas SA, 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 25th Apr, 2025 Sd/- (Waseem Ahmed) Accountant Member 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. "
AI Insights
The case involves Tecnicas Reunidas SA, who appealed against an order from the CIT(A), Bengaluru-12 for the assessment year 2019-20. The appeal was related to disputes under the Income Tax Act, 1961. However, the assessee opted for settlement under the Direct Tax Vivad se Vishwas Scheme, 2024, and completed all required procedures, including the payment and filing of necessary forms. Consequently, the assessee requested the withdrawal of the appeal, which was unopposed by the respondent and granted by the tribunal.
