WIDIA INDIA LTD( KENNAMETAL INDIA LTD.,),BANGALORE V. PR. COMMISSIONER OF INCOME TAX-2, BANGALORE

ITA 372/BANG/1997

AI Insights

This case involves an appeal by M/s. Widia India Ltd. against the order of the Ld.CIT(A), Bengaluru, concerning the assessment year 1991-92. The appeal had a protracted history, having been previously decided by the Tribunal and subsequently by the Karnataka High Court, with the Supreme Court remitting the issue back to the Tribunal. During the latest proceedings, the assessee informed the Tribunal about opting for the Direct Tax Vivad Se Vishwas Scheme, 2024, and requested to withdraw the appeal following the settlement under this scheme.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 716679 (ITAT-BANGALORE)
• Duration Of Justice: 28 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1994-1995
• Appeal Filed On: 23-04-1997
• Other Referred Cases: ITA No. 512/2004, Civil Appeal Nos. 1713/2012
• Laws Referred To: Direct Tax Vivad Se Vishwas Scheme, 2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANKAR GANESH D
• Assessee Lawyers: ADITYA BHARADWAJ

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI SOUNDARARAJAN K., JUDICIAL MEMBER ITA No. 372/Bang/1997 Assessment Year : 1994-95 M/s. Widia India Ltd. (M/s. Kennametal India Ltd.), 8/9th Mile, Tumkur Road, P. B. No. 7300, Bangalore. PAN: AACCK4472B Vs. The Principal Commissioner of Income Tax – 2, Bengaluru. APPELLANT RESPONDENT Assessee by : Shri Aditya Bharadwaj, CA Revenue by : Shri Sankar Ganesh D, Addl. CIT(DR) Date of Hearing : 14-08-2025 Date of Pronouncement : 19-08-2025 ORDER PER SOUNDARARAJAN K., JUDICIAL MEMBER This is an appeal filed by the assessee challenging the order of the Ld.CIT(A), Bengaluru dated 17/02/1997 in respect of the A.Y. 1991-92. 2. At the outset, we found that the appeal filed before this Tribunal was decided on 10/03/2004. As against the said order, the revenue field an appeal before the Hon’ble Karnataka High Court in ITA No. 512/2004 and the Hon’ble High Court was pleased to allow the appeal filed by the revenue on 05/10/2009. The assessee taken up this matter before the Hon’ble Supreme Court by filing a special leave petition in SLP (Civil) Nos. Printed from counselvise.com Page 2 of 3 ITA No. 372/Bang/1997 16478/2011 and the Hon’ble Supreme Court in its order dated 26/09/2012 in Civil Appeal Nos. 1713/2012 had remitted this issue to the file of this Tribunal. Pursuant to the said order, the appeal was taken up for hearing on today. 3. At the time of hearing, the Ld.AR submitted a letter dated 06/08/2025 in which the assessee informed this Tribunal that the assessee had opted for Direct Tax Vivad Se Vishwas Scheme, 2024 and filed an application in form – 1 on 30/04/2025. Pursuant to the application in form – 1, the Ld.PCIT also issued a form – 2 quantifying the amount to be paid by the assessee for availing the said scheme. The assessee also paid the said amount as determined by the Ld.PCIT and the further proceedings are yet to be communicated. The assessee also submitted the copies of form -1 and form -2 along with his letter. Finally, the assessee requested to withdraw the appeal in view of the settlement made under the Direct Tax Vivad Se Vishwas Scheme, 2024. 4. We have perused the letter as well as the form – 1 and form – 2 and the challan for the payment of the amount and taken the said documents on record and permitted the assessee to withdraw the said appeal and granted liberty to approach this Tribunal in case of any adverse order has been passed by the authorities under the Scheme. 5. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 19th August, 2025. Sd/- Sd/- (LAXMI PRASAD SAHU) (SOUNDARARAJAN K.) Accountant Member Judicial Member Bangalore, Dated, the 19th August, 2025. /MS / Printed from counselvise.com Page 3 of 3 ITA No. 372/Bang/1997 Copy to: 1. Appellant 2. Respondent 3. CIT 4. DR, ITAT, Bangalore 5. Guard file 6. CIT(A) By order Assistant Registrar, ITAT, Bangalore Printed from counselvise.com "