What did the Tribunal hold?

The assessee filed Form No. 5 under the Vivad Se Vishwas Scheme, and the Department agreed with the assessee's submission. The Tribunal allowed the appeal to be withdrawn.

The Revenue filed an appeal for assessment year 2005-06 against the CIT(A) order. The assessee opted to settle the dispute under The Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

ACIT vs Constructive Finance P Ltd… | ITAT Delhi 2022

Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI

Before: SHRI SHAMIM YAHYA & SHRI YOGESH KUMAR US

For Appellant: Shri Ajit Jha, Advocate;

For Respondent: Md. Gayasuddin Ansari

Hearing: 19.07.2022Pronounced: 19.07.2022

This appeal is filed by the Revenue for assessment year 2005-06 against the order of the ld. Commissioner of Income Tax (Appeals)–31, New Delhi, dated 31.01.2019.

At the time of hearing the ld. Counsel for the assessee submitted that the assessee has opted to settle the dispute involved in the ACIT Vs. Constructive Finance, ND impugned appeal under The Direct Tax Vivad Se Vishwas Scheme, 2020 and filed Form No. 5 issued under the Scheme. Therefore, submitted that the appeal may be allowed to be withdrawn.

The ld. DR also agreed with the above contentions.

On careful consideration of the fact it is found that Form No. 5 has been issued to the assessee by the Department on 11th June, 2021 under The Direct Tax Vivad Se Vishwas Act, 2020. Therefore, the appeal is allowed be withdrawn and hence dismissed.

In the result, appeal is dismissed.

Order pronounced in the open court on : 19/07/2022.

ACIT (OSD) WARD-6(3), NEW DELHI vs. CONSTRUCTIVE FINANCE P LTD., JAIPUR

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