ANKIT YADAV,NEW DELHI vs. ITO, WARD-32(3), NEW DELHI

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ITA 7565/DEL/2018Status: DisposedITAT Delhi01 September 2022AY 2015-162 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The Tribunal dismissed the appeal as withdrawn because the assessee had opted for settlement under the Vivaad se Vishwas Act. However, the assessee was granted liberty to apply for recall if the dispute was not settled under the Act.

What were the facts?

The assessee filed an appeal against an assessment order. During the appeal hearing, the assessee submitted that they had opted for settlement under the Direct Taxes Vivaad se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivaad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 153C,Section 153A

AI-generated summary — verify with the full judgment below

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

Before: SHRI N. K. BILLAIYA & SHRI ANUBHAV SHARMA

For Appellant: Shri Morh Mukt Yadav, Adv
For Respondent: Shri R. K. Gupta, CIT DR
Hearing: 01/09/2022Pronounced: 01/09/2022

PER ANUBHAV SHARMA, J. M.:

1.

The present appeal has been preferred by the Assessee against the order dated 03.10.2018 of Ld. CIT(A)-11, New Delhi (hereinafter referred as Ld. First Appellate Authority) arising out of an appeal before it against the assessment order dated 31.12.2017 passed u/s 153C/ 153A of the Income Tax Act, 1961 (hereinafter referred as „the Act‟) by the AO, ITO, Ward-32(3), New Delhi (hereinafter referred as the Ld. AO).

2.

At the time of hearing of the appeal the assessee submitted a letter dated 21.05.2022 stating that the assessee has already opted for settlement of the impugned dispute involved in this appeal under the Direct Taxes Vivaad se Vishwas Act, 2020. The relevant form No. 3 issued on 17.02.2021 issued by Ld. Pr. CIT, Delhi-10. Therefore, the appeal filed by the assessee may be treated as withdrawn subject to the rider that in case Form No. 5 is not issued to the assessee the dispute involved in this appeal may be recalled.

3.

The ld DR fairly agreed with the above contention.

4.

Giving thoughtful consideration to aforesaid pleas, it is ordered that as Assessee has already been issued Form No. 3 on 17.02.2021 issued by ld. Pr. CIT, Delhi-10 with respect to dispute involved in the above appeal and Form No. 5 u/s 5(2) of the Act has not still been issued, therefore, appeal of the Assessee is dismissed as withdrawn but subject to liberty to the assessee that in the event, dispute is not settled under the Direct Taxes Vivaad se Vishwas Act, 2020, the assessee may apply for recall of this order. Order pronounced in the open court on 01/09/2022. - - (N. K. BILLAIYA) JUDICIAL MEMBER Dated:01/09/2022 A K Keot

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