NITREX CHEMICALS INDIA LTD.,NEW DELHI vs. ACIT CIRCLE-18(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 The appeal was dismissed as withdrawn based on the assessee's participation in the Vivad Se Vishwas Scheme.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order. During the hearing, the assessee sought to withdraw the appeal as they had opted for the Vivad Se Vishwas Scheme, 2020.
What were the issues?
The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme, which was granted by the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI
Before: SHRI NARENDRA KUMAR BILLAIYA & SHRI KUL BHARAT
O R D E R PER KUL BHARAT, JM:
This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals)-37, New Delhi, dated 30.01.2020, pertaining to the assessment year 2015-16. The assessee has raised following grounds of appeal:
“1. That the learned CIT(A) has erred in law and facts by not quashing the order and therefore the ld. AO should be directed to accept returned income.
2. That the learned CIT(A) has erred in law and facts by confirming the action of the ld. AO of treatment of capital expenses out of repair and maintenance and Stores Consumed of Rs. 17,62,114/- (before reducing depreciation) and therefore the ld. Assessing Officer is to be directed to allow the same in full while computing total income.
3. That the learned CIT(A) has erred in law and facts by confirming the action of the ld. AO for initiating penalty proceedings u/s 271(1)(c) of the Act and therefore ld. AO should be directed to drop the aid penalty proceedings.
2 ITA 1158/Del/2020 4. That your appellant craves a leave to add, alter or amend any grounds at the time of hearing.”
At the hearing the authorized Representative of the assessee filed an application seeking permission of the Tribunal for withdrawal of the appeal on the ground that for the assessment year in question the assessee has opted for VIVAD SE VISHWAS SCHEME, 2020 and the Designated Authority has also issued Form no.
In support, a copy of Form no. 5 for full and final settlement of tax arrears u/s 5(2) read with Section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 has also been filed along with the application.
In view of above and in absence of any objection from the side of the Ld. D.R, the request of the assessee seeking for withdrawal of the appeal is allowed.
In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced in open court on 31.10.2022.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026