PDN BUILDERS PVT. LTD.,DELHI vs. ITO WARD-19(2), DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal accepted the assessee's declaration under the Vivad Se Vishwas Scheme and allowed the withdrawal of the appeal. The dispute arising in the appeal was considered resolved.
What were the facts?
The assessee filed an appeal against the CIT(A) order for AY 2011-12. The assessee sought withdrawal of the appeal as the dispute was settled under the Direct Tax Vivad Se Vishwas Act, 2020.
What were the issues?
Whether an appeal can be withdrawn if the underlying dispute has been settled under the Vivad Se Vishwas Act, 2020.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI
Before: SHRI SAKTIJIT DEY & DR. B.R.R. KUMAR
Date of hearing 06.07.2022 Date of pronouncement 06.07.2022 ORDER PER SAKTIJIT DEY, JM:
This is an appeal by the assessee against order dated 18.09.2019 of learned Commissioner of Income Tax (Appeals)-22, New Delhi, for the assessment year 2011-12.
At the time of call, Sh. Narender Kumar Rustogi, learned Authorized Representative of the assessee, on instructions, sought withdrawal of the appeal, since the dispute arising in the appeal has been settled under the Direct Tax Vivad Se Vishwas Act, 2020.
A letter dated 5th July, 2022, to this effect, enclosing copy of Form- 5 issued by the designated authority was also furnished before the Bench.
Learned Departmental Representative did not oppose assessee’s request for withdrawal of the appeal.
Having heard the parties and perused the materials on record, it is observed, accepting assessee’s declaration under the Vivad Se Vishwas Scheme - 2020, the designated authority has issued Form - 5 on 24th May, 2022. Thus, for all practical purposes, the dispute arising in the present appeal has been resolved.
Therefore, we permit the assessee to withdraw the present appeal.
Accordingly, the appeal is dismissed as withdrawn.
In the result, the appeal is dismissed.
Order pronounced in the open court on 6th July, 2022
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