ADDI. CIT, SPECIAL RANGE-5, NEW DELHI vs. LIGARE AVIATION LIMITED, NEW DELHI

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ITA 4802/DEL/2019Status: DisposedITAT Delhi05 January 2023AY 2015-162 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals filed by both the assessee and the Revenue. This dismissal was granted with liberty to restore the appeals if the dispute settlement under the scheme was not finalized.

What were the facts?

The assessee filed an application to withdraw its appeals before the ITAT, stating it had opted for the Vivad Se Vishwas Scheme, 2020. The Revenue had no objection to this withdrawal.

What were the issues?

The primary issue was the assessee's withdrawal of appeals due to opting for the Vivad Se Vishwas Scheme and the consequent dismissal of the cross-appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’ : NEW DELHI

For Respondent: Ms. Sarita Kumari, CIT DR
Hearing: 02.01.2023

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘E’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No.3809/Del./2019 (ASSESSMENT YEAR : 2015-16) Ligare Aviation Limited, vs. ACIT, Spl. Range 5, 8/87, Mehram Nagar, New Delhi. New Delhi – 110 010. (PAN : AAACV3934B) ITA No.4802/Del./2019 (ASSESSMENT YEAR : 2015-16) ACIT, Spl. Range 5, vs. Ligare Aviation Limited, New Delhi. 8/87, Mehram Nagar, New Delhi – 110 010. (PAN : AAACV3934B) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Ms. Sarita Kumari, CIT DR Date of Hearing : 02.01.2023 Date of Order : 05.01.2023

ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : These cross appeals by the assessee and Revenue are directed against the order of ld. CIT (Appeals)-36, New Delhi dated 13.02.2019 for the Assessment Year 2015-16. 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, 2020” and has filed Form 5 issued by the Tax Department.

3.

Keeping in view the aforesaid facts, present appeals are hereby dismissed with liberty to get it restored in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, the appeals filed by the assessee and Revenue are dismissed. Order pronounced in the open court on this 5th day of January, 2023.

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