PEOPIC RETAIL PRIVATE LIMITED,NEW DELHI vs. ACIT, CIRCLE-19(2), NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn, with liberty to seek restoration if the VSV scheme benefits could not be availed for bonafide reasons.
What were the facts?
The assessee filed an appeal against an order of the CIT(A) for AY 2015-16. The assessee sought to withdraw the appeal because they had opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'.
What were the issues?
The primary issue was whether the assessee could withdraw their appeal due to opting for the Vivad se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI
Before: SH. C.N. PRASAD
PER PRADIP KUMAR KEDIA AM:
The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-22 New Delhi (‘CIT(A)’ in short), dated 27.09.2019 concerning AY 2015-16.
The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). It is submitted that assessee does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested for withdrawal of appeal may please be granted.
The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.
In the light of written requests made on behalf of the captioned party, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.
In the result, the captioned appeal is dismissed as withdrawn.
The order is pronounced in the open court on 24.11.2022.
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