DELHI IRON & STEEL CO. PVT. LTD.,GHAZIABAD vs. DCIT, CENTRAL CIRCLE-1, GHAZIABAD

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ITA 6593/DEL/2019Status: DisposedITAT Delhi16 September 2022AY 2010-113 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the dispute was resolved under the Vivad Se Vishwas Scheme, as evidenced by Form No. 5 issued by the Designated Authority. The assessee's prayer for withdrawal was accepted.

What were the facts?

The assessee filed an appeal against a penalty imposed under section 271(1)(c) for AY 2010-11. The assessee subsequently opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be withdrawn as the dispute has been settled under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

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

Before: SHRI SAKTIJIT DEY & SHRI N.K. BILLAIYA

For Respondent: Shri Mrinal Kumar Das, Sr. DR
Hearing: 16.09.2022

This is an appeal by the assessee against order dated 11.06.2019 of learned Commissioner of Income Tax (Appeals)-IV, Kanpur confirming penalty imposed under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2010-11.

2.

When the appeal was called for hearing, none appeared for the assesses. However, learned Authorised Representative of the assessee has furnished letter dated 8th August, 2022 seeking withdrawal of the appeal as the assessee has opted for settling the dispute arising in the appeal under the Vivad Se Vishwas Scheme, 2020. A copy of Form No. 5 issued by the Designated Authority is also attached to the aforesaid letter. Learned Departmental Representative (DR) did not object to assessee’s request for withdrawal of the appeal.

3.

We have heard the learned Departmental Representative and perused the material on record. It is observed, accepting assessee’s declaration filed under the Vivad Se Vishwas Scheme, 2020, the Designated Authority has issued Form, No. 5 on 09.02.2021. Thus, for all practical purposes, the dispute arising in the present appeal stands resolved. Therefore, accepting assessee’s prayer, we permit withdrawal of the present appeal.

Accordingly, appeal is dismissed as withdrawn.

4.

In the result appeal is dismissed. Order pronounced in the open court at time of hearing itself i.e. on 16th September, 2022.

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