DELHI IRON & STEEL CO. LTD.,GHAZIABAD vs. DCIT, CENTRAL CIRCLE-1, GHAZIABAD

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ITA 6592/DEL/2019Status: HeardITAT Delhi04 July 2022AY 2009-102 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had settled the dispute under the Vivad Se Vishwas Scheme and the Revenue had issued the relevant form. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order of the Commissioner of Income-tax (Appeals). The assessee claimed to have settled the quantum dispute under the Vivad Se Vishwas Scheme, 2020, rendering the penalty appeal infructuous.

What were the issues?

Whether the appeal is maintainable when the underlying dispute has been settled under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

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

Before: SHRI SHAMIM YAHYA & SHRI N.K. CHOUDHRY

For Respondent: Ms. Sangeeta Yadav, Ld. Sr. DR
Hearing: 04/07/2022

This appeal has been preferred by the assessee against the order dated 11.06.2019, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-IV, New Delhi (in short “Ld. Commissioner”), u/s. 250(6) of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2009-10.

2.

None is present on behalf of the assessee. However, an application dated 9th May, 2022, filed by the ld. AR of the assessee, is available on record, claiming that the Assessee under Vivad Se Vishwas Scheme, 2020, has already settled the quantum dispute for the year under consideration and the Revenue Department has issued form No. 5 date 27.01.2021, the penalty imposed does not survive and therefore the present appeal may be treated as withdrawn. Ld. DR did not refute the claim of the Assessee.

[2]

3.

Considering the factual position stated above, the present appeal arising out of the penalty order, deserves to be dismissed as withdrawn.

4.

In the result, the appeal of the Assessee stands dismissed as withdrawn.

Order pronounced in the open court on 04/07/2022.

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