SACHIN JAIN,DELHI vs. ACIT, CIRCLE 63(1), NEW DELHI

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ITA 7498/DEL/2019Status: DisposedITAT Delhi14 September 2022AY 2013-142 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The Tribunal dismissed the appeal as withdrawn. However, the assessee is at liberty to seek restoration if they fail to avail the VSV Scheme for bonafide reasons.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2013-14. The assessee sought to withdraw the appeal because they opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was whether the assessee's appeal should be dismissed as withdrawn due to opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Before: SHRI PRADIP KUMAR KEDIA & SH. N.K. CHOUDHRY

For Appellant: DR. यथ क ओर से /
Hearing: 14.09.2022

आदेश/O R D E R PER PRADIP KUMAR KEDIA, AM:

1.

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-20, New Delhi (‘CIT(A)’ in short), dated 17.07.2019 concerning AY 2013-14. 2. 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). As per email dated 14.09.2022 filed by assessee, 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 that assessee’s application for withdrawal of appeal may please be granted.

3.

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.

4.

In the light of requests made on behalf of the captioned party, the appeal is dismissed as withdrawn.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.

5.

In the result, the captioned appeal is dismissed as withdrawn.

This Order pronounced on 14/09/2022

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