ITO, WARD-23(1), NEW DELHI vs. SHAKUNTALA AGENCIES P.LTD, DELHI

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ITA 5002/DEL/2019Status: DisposedITAT Delhi12 January 2023AY 2010-113 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 dispute was settled under the Vivad Se Vishwas Act, 2020. Consequently, the appeal filed by the Revenue was treated as withdrawn.

What were the facts?

The Revenue filed an appeal against the assessee for AY 2010-11. The assessee subsequently opted to settle the tax dispute under the Vivad Se Vishwas Scheme, 2020 and paid the disputed taxes.

What were the issues?

Whether the Revenue's appeal should be withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act, 2020.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “B” : DELHI

Before: SHRI SHAMIM YAHYA & MS ASTHA CHANDRA

Hearing: 10.01.2023Pronounced: 12.01.2023

Date of Hearing : 10.01.2023 Date of Pronouncement : 12.01.2023 ORDER PER SHAMIM YAHYA, A.M.: This appeal by the Revenue is directed against the Order of the Ld. CIT(A)-8, New Delhi, dated 22.03.2019 and pertains to A.Y. 2010-11.

2.

It is seen that the ld. Counsel for the assessee filed an application seeking withdrawal of the appeal by the Revenue on the ground that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme,

2 ITA.No.5002/Del./2019 2020. It is also seen that the assessee obtained Form No.5 and has paid the disputed tax. It was accordingly requested in the application that the Revenue may be directed to withdraw its appeal.

3.

The ld. DR, upon verification has found that the matter has been settled under Vivad Se Vishwas Act 2020

4.

We have heard both the parties. The assessee in the instant case has opted for settlement of the tax dispute under the Vivad Se Vishwas Act, 2020 and it has already paid the disputed taxes after obtaining Form 5. Under these circumstances the appeal filed by the Revenue is treated as withdrawn. However, in future if the Revenue finds any infirmity in this order, it is at liberty to move an application for restoration of the appeal and the Tribunal shall consider the same as per law.

5.

In the result, the appeal filed by the Revenue is dismissed as “withdrawn.” Order pronounced in the open court on 12.01.2023.

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