DCIT, CIRCLE-25(1), NEW DELHI vs. THE STATE TRADING CORPORATION OF INDIA LTD., NEW DELHI

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ITA 7982/DEL/2019Status: DisposedITAT Delhi13 February 2023AY 2012-132 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the Assessee had filed Form 5 under the Vivad Se Vishwas Act. As per the Act, the appeal pending before the Tribunal is deemed withdrawn upon issuance of a certificate by the designated authority.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A). The Assessee subsequently filed an application for withdrawal of the appeal in furtherance of a settlement under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal pending before the ITAT stands withdrawn upon settlement under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 250(6),Section 5

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. G.S.PANNU, HON’BLE & SH. ANUBHAV SHARMA

For Respondent: Shri Sanjay Kumar, Sr. DR
Hearing: 27.01.2023Pronounced: 13.02.2023

This appeal has been preferred by the Revenue against the appellate order dated 16.07.2019 u/s 250(6) of the Income Tax Act, 1961 (hereinafter referred to as "The Act") passed by Commissioner of Income Tax (Appeals)- 9, New Delhi being appeal no. 10046/19-20.

2.

Heard and perused the record. An application has been filed for withdrawal of the appeal by the Assessee, in furtherance of settlement arrived under The Direct Tax Vivad Se Vishwas Act, 2020 (The Act of 2020).

M/s. The State Trading Corporation India Ltd 2

3.

On behalf of the Assessee, Form 5 under the Act of 2020 has been placed on record.

4.

The sub section (2) of section of the Act 2020 provides that on issuance of certificate under sub section (1) of section 5 by the designated authority the appeal pending before this tribunal shall be deemed to have been withdrawn from the date on which the said certificate is issued.

5.

In the light of aforesaid, the appeal in hand stands dismissed.

6.

However, subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of The Act of 2020, the Revenue shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application, appropriately as per law.

Order pronounced in the open court on 13.02.2023.

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