THE ROHTAK CENTRAL CO-OPERATIVE BANK LTD,ROHTAK vs. DCIT, ROHTAK

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ITA 124/DEL/2016Status: DisposedITAT Delhi25 August 2022AY 2012-132 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The Tribunal dismissed the appeal as withdrawn, noting the assessee's participation in the VSV Scheme. It also granted liberty to the assessee to seek reinstitution of the appeal if the dispute is not resolved under the VSV Act.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2012-13. The assessee subsequently opted for the Vivad Se Vishwas (VSV) Scheme and filed the necessary declarations.

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.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

For Appellant: Shri Surender, A.R
For Respondent: Shri Vipul Kashyap, Sr. D.R
Hearing: 25.08.2022Pronounced: 25.08.2022

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER (Assessment Year : 2012-13) The Rohtak Central Co-op Vs. ACIT Bank Ltd. Rohtak 79, Delhi Road, Opp. Haryana Bajrang Bhawan, Near Sessions House Rohtak PAN No. AAAAT 8736 B (APPELLANT) (RESPONDENT) Assessee by Shri Surender, A.R. Revenue by Shri Vipul Kashyap, Sr. D.R. Date of hearing: 25.08.2022 Date of Pronouncement: 25.08.2022 ORDER PER ANIL CHATURVEDI, AM :

This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals) relating to Assessment Year 2012-13.

2.

Before us, assessee has moved an application wherein assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-1) and undertaking (Form-2) Scheme and department had issued Form No. - 5. The assessee therefore seeks to withdraw the appeal, to which the Revenue has no objection.

3.

After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. With these directions, appeal of the assessee is dismissed as withdrawn.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced in the open court on 25.08.2022, immediately after conclusion of the hearing of the matter in virtual mode.

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