What did the Tribunal hold?

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Scheme and Form No. 5 was issued. Therefore, the appeal was allowed to be withdrawn.

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee opted to settle the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020. Form No. 5 was issued to the assessee by the Department.

What were the issues?

Whether the appeal should be withdrawn and dismissed upon the assessee opting for settlement under the Vivad Se Vishwas Scheme.

Paradip Port Road Co. Ltd., New… vs Addl. CIT, Special Range- 7, New… | ITAT Delhi 2022

Income Tax Appellate Tribunal, [ DELHI BENCH : “F” NEW DELHI ]

Before: DR. B. R. R. KUMAR & SH. YOGESH KUMAR U.S.

Hearing: 29.11.2022Pronounced: 30.11.2022

This appeal is filed by the assessee against the order dated 24/06/2019 passed by the Ld. Commissioner of Income Tax (Appeals)–38, New Delhi [hereinafter referred to CIT (Appeals)] for Assessment Year 2015-16.

At the time of hearing the ld. Counsel for the assessee submitted that the assessee has opted to settle the dispute involved in the impugned appeal under ‘The Direct Tax Vivad Se Vishwas Scheme, 2020’ and filed Form No. 5 issued under the Scheme. Therefore, submitted that the appeal may be allowed to be withdrawn.

M/s Pradip Port Road Co. Ltd. Vs. Addl. CIT

The ld. DR also agreed with the above contentions.

On careful consideration of the fact it is found that Form No. 5 has been issued to the assessee by the Department on 18th February, 2021 under ‘The Direct Tax Vivad Se Vishwas Act, 2020’. Therefore, the appeal is allowed be withdrawn and hence dismissed.

In the result, appeal is filed by the assessee is dismissed.

Order pronounced in the Open Court on : 30.11.2022.

PARADIP PORT ROAD CO. LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 7, NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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