SANJAY KHOSLA,NEW DELHI vs. ACIT, CIRCLE-35(1), NEW DELHI

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ITA 2720/DEL/2019Status: HeardITAT Delhi24 February 2023AY 2015-162 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the assessee's application for withdrawal and the fact that Form No. 5 was issued under the Vivad se Vishwas Act. The Tribunal allowed the appeal to be withdrawn.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). The assessee later sought to withdraw the appeal, stating they had opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was whether the assessee's appeal could be withdrawn due to their opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH : “ G” NEW DELHI ]

Before: DR. B. R. R. KUMAR & SH. YOGESH KUMAR U.S.

Hearing: 23.02.2023Pronounced: 24.02.2023

This appeal is filed by the assessee against the order dated 22/11/2018 passed by CIT(A)-12, New Delhi for Assessment Year 2015-16.

2.

The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad sse Vishwas Scheme, 2020’ (VSV). As per letter dated 16th February, 2023 field by the assessee, it is submitted that assessee does not seek to pursue the said appeal

owing to exercise of option for availing VSV Scheme and consequently requested that assessee’s application for withdrawal of appeal may please be granted, the assessee also filed Form No. 5 issued under the Scheme. Therefore, submitted that the appeal may be allowed to be withdrawn. 3. The ld. DR also agreed with the above contentions.

4.

On careful consideration of the fact it is found that Form No. 5 has been issued to the assessee by the Department on 14th January, 2021 under ‘The Direct Tax Vivad Se Vishwas Act, 2020’. Therefore, the appeal is allowed be withdrawn and hence dismissed.

5.

In the result, appeal is filed by the assessee is dismissed. Order pronounced in the Open Court on : 24th February, 2023.

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