VASP ENTERPRISES PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 3017/DEL/2017Status: DisposedITAT Delhi15 December 2022AY 2005-063 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn based on the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal for assessment year 2005-06. The assessee subsequently opted to settle the tax dispute under the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was whether the appeal should be withdrawn due to the assessee's settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “G” BENCH: NEW DELHI

Before: SHRI KUL BHARAT & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Rajendra Prasad Pandey, CA
For Respondent: Shri Abhishek Kumar, Sr.DR
Hearing: 15.12.2022Pronounced: 15.12.2022

ORDER

PER KUL BHARAT, JM :

1. This appeal filed by the assessee for the assessment year 2005-06 is directed against the order of Ld. CIT(A)-9, New Delhi dated 15.02.2017.

2. At the outset, Ld. Counsel for the assessee, vide its letter dated 16.12.2022 placed on record and requested for withdrawal of the appeal filed by him and stated 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”. The relevant contents of the letter are reproduced as under:-

1.

“That we have applied under the scheme of "Vivad se Vishwas" on 26th December 20 through Form-1 and 2 and same has been accepted Vide receipt number 903882751261220 dated 26th December 20. Further the disputed amount is settled by the Income Tax Authority under "Direct Tax Vivad Se Vishwas Act, 2020".

2.

That we hereby submit the application filled in Income tax portal under the said scheme as per Annexure -1 and accordingly the case has been accepted by Income Tax Authority and after due submission of all relevant information, final order has been passed in form 5 vide acknowledgment number "291252191201221" dated 20th December 2021 as per Annexure -2.

3. That you are therefore requested to consider the matter accordingly and grant the permission to withdraw the matter from the respected tribunal. 4. That counsel of appellant is hereby changed as per power of attorney submitted to your good self (Annexure -3).” It is also stated by the Ld. Counsel for the assessee that Form No.5 has been issued by the Department is placed on record.

3.

Ld. Sr. DR has no objection in this regard.

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeal. Thus, the appeal of the assessee is dismissed as withdrawn.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open Court on 15th December, 2022.

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