NAVEEN AGGARWAL,NEW DELHI vs. ACIT CIRCLE-38(1), NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee had received an order in Form No. 5 for full and final settlement of taxes under the Vivad Se Vishwas Act, 2020. Therefore, the appeal was allowed to be withdrawn.
What were the facts?
The assessee filed an appeal against the CIT(A) order for AY 2015-16. The assessee subsequently opted to settle the dispute under The Direct Tax Vivad Se Vishwas Scheme, 2020.
What were the issues?
Whether the appeal should be allowed to be withdrawn after settlement under the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
The Direct Tax Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, [ DELHI BENCH “E” : DELHI ]
Before: SHRI CHALLA NAGENDRA PRASADSHRI ANADEE NATH MISSHRA
आदेश / O R D E R PER C. N. PRASAD, J. M. :
This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-13, New Delhi [hereinafter referred to CIT (Appeals)] dated 16.07.2019 for assessment year 2015-16.
The Authorized Representative of the assessee vide letter of even date submits that the assessee has opted to settle the dispute involved in the impugned appeal under The Direct Tax Vivad Se Vishwas Scheme, 2020 and has already filed Form Nos. 1 and 2 under the Scheme and also received order in Form No. 5 for full and final settlement of taxes under the said Act. Therefore, the appeal of the assessee may be allowed to be withdrawn. 3. On careful consideration of the fact it is found that Form No. 5 has been issued to the assessee by the Department on 28th October, 2021 under The Direct Tax Vivad Se Vishwas Act, 2020 for full and final settlement of taxes. Therefore, the appeal of the assessee for Assessment Year 2015-16 is allowed as withdrawn and hence dismissed. 4. In the result, appeal of the assessee is dismissed.
Order pronounced in the open court on : 22/02/2023.
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