ACIT CIRCLE-I, DEHRADUN vs. ONGC LTD, DEHRADUN

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ITA 38/DDN/2019Status: DisposedITAT Dehradun16 April 2021AY 2010-115 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 dismissed the appeals and cross-objections as infructuous because the disputes were settled under the Vivad se Vishwas Scheme. The dismissal is subject to the condition that if the dispute is not resolved under the scheme, parties can seek reinstitution of the appeals.

What were the facts?

The assessee opted for the Vivad se Vishwas Scheme, 2020, to settle disputes. This scheme aimed to resolve tax arrears and pending litigation.

What were the issues?

Whether appeals and cross-objections become infructuous when the underlying dispute is settled under the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN BENCH, DEHRADUN

Before: SHRI R.K. PANDA & SHRI AMIT SHUKLA

For Appellant: Ms. Manisha Sharma, Advocate
Hearing: 26.03.2021Pronounced: 16.04.2021

Heard together (2 matters)

CO No.01/DDN/2019
ITA No.1049/Del/2019

Read from the judgment's own cause title. This page is filed under one of them.

per law. The respondent (i.e., the assessee) has no objection with regard to the aforesaid caveat.

5.

Accordingly, Revenue is dismissed as “withdrawn”. And CO No.01/DDN/2019

6.

The Cross Objection filed by the Revenue is delayed by 39 days for which the Revenue has filed an application requesting for condonation of delay.

7.

After considering the contents of the codonation application and after hearing both the sides, the delay in filing the cross objection by the Revenue is condoned.

8.

The learned counsel for the assessee submitted that the above appeal filed by the assessee and cross objection filed by the Revenue are directed against the order passed u/s 263 by Pr. CIT which is pending for adjudication before the Tribunal. He submitted that during the course of 4 M/s Oil & Natural Gas Corporation Ltd.

1.

pendency of appeal before the Tribunal, the Assessing Officer has passed the consequential order u/s 143(3) r.w.s. 263 to give effect to the order passed u/s 263 by the Pr. CIT. He submitted that the assessee has filed an appeal against the consequential order before the Ld. CIT(A). Subsequently, the assessee has opted to settle the dispute pending before the CIT(A) under the Direct Tax Vivad Se Vishwas Scheme, 2020. The copy of the certificate issued by the Designated Authority in Form No.3 accepting the said declaration and determining the tax arrears to be paid by the assessee is annexed herewith as Annexure-2. He accordingly submitted that since the appeal against the consequential order passed u/s 143(3) r.w.s. 263 of the Act is being settled under the Vivad Se Vishwas Scheme, 2020, therefore, the present appeal and the Cross Objection before the Tribunal become infructuous.

9.

After hearing both the sides and considering the fact that the assessee has gone under Vivad Se Vishwas Scheme, 2020 for settlement of the dispute as per consequential order passed u/s 143(3) r.w.s. 263 of the Act, the present appeal filed by the assessee and Cross Objection filed by the Revenue become infructuous. Accordingly, these are dismissed.

However, the aforesaid is 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 aforestated Act, the appellant (i.e., the Assessee) as well as the Revenue are at liberty to approach the Tribunal for reinstitution of the appeal and the Cross Objection and the Tribunal shall consider such 5 M/s Oil & Natural Gas Corporation Ltd. application appropriately as per law. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat.

10.

In the result, Revenue, filed by the assessee and CO No.01/DDN/2019 filed by the Revenue, are dismissed.

Order was pronounced in the open court on 16.04.2021.

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