ODEON BUILDERS PVT. LTD.,NEW DELHI vs. DCIT, CENTRAL CIRCLE-1, NEW DELHI

The above captioned three separate appeals by the assessee are preferred against three separate orders of the ld. CIT(A) - 26, New Delhi dated 27.08.2018 and 27.06.2019 pertaining to Assessment Years 2002-03, 2003-04 and 2004-05.

Since common issues are involved in all the three captioned appeals, they were heard together and are disposed of by this common order for the sake convenience and brevity.

At the very outset, the ld. counsel for the assessee stated that qua the dispute in respect of quantum additions in the respective Assessment Years have been settled under the Vivad se Vishwas Act, 2020 and, therefore, the assessee is eligible for immunity provided u/s 3 of the Vivad se Vishwas Act, 2020.

The ld. DR fairly conceded to this.

We have carefully perused the impugned orders vis-a-vis Form No. 5 issued by the designated authority for the respective Assessment Years. We have also carefully perused Section 3 of the Vivad se Vishwas Act, 2020. We find force in the contention of the ld. counsel for the assessee.

We, therefore, restore the impugned appeals to the file of the Assessing Officer. The Assessing Officer is directed to verify the details in Form No. 5 qua the levy of penalty u/s 271(1)(c) of the Act for respective Assessment Years r.w.s 3 of the Vivad se Vishwas Act, 2020 and if the claim of the assessee is found to be correct, then decide the issue as per the provisions of law.

In the result, all the three appeals of the assessee in ITA Nos.