DCIT, CIRCLE-25(1), NEW DELHI vs. THE STATE TRADING CORPORATION INDIA LTD., NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that as per Section 4(2) of the Vivad Se Vishwas Act, 2020, an appeal pending before the Tribunal is deemed withdrawn upon issuance of a certificate by the designated authority. Therefore, the appeal was dismissed.
What were the facts?
The Revenue filed an appeal against an order of the CIT(A). The Assessee subsequently filed an application for withdrawal of the appeal. This withdrawal was in furtherance of a settlement reached under The Direct Tax Vivad Se Vishwas Act, 2020.
What were the issues?
Whether an appeal pending before the ITAT stands withdrawn upon settlement under the Vivad Se Vishwas Act, 2020.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: SH. ANIL CHATURVEDI & SH. ANUBHAV SHARMA
This appeal has been preferred by the Revenue against the appellate order dated 30.08.2019 u/s 250(6) of the Income Tax Act, 1961 (hereinafter referred to as “The Act”) passed by Commissioner of Income Tax (Appeals)- 9, New Delhi being appeal no. 9/10047/2019-20 .
The State Trading Corp. of India 2
Heard and perused the record. An application has been filed for withdrawal of the appeal by the Assessee, in furtherance of settlement arrived under The Direct Tax Vivad Se Vishwas Act, 2020 (The Act of 2020).
On behalf of the Assessee, Form 5 under the Act of 2020 has been placed on record.
The sub section (2) of section 4 of the Act of 2020 provides that on issuance of certificate under sub section (1) of section 5 by the designated authority the appeal pending before this tribunal shall be deemed to have been withdrawn from the date on which the said certificate is issued.
In the light of aforesaid, the appeal in hand stands dismissed.
However, 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 Act of 2020, the Revenue shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application, appropriately as per law.
Order pronounced in the open court on 28th June, 2022.
More judgments on Section 4(2)
- M/S. Gladiator Commodities Pvt. Ltd… vs DCIT, Central Circle-4(1), Kolkata, IndiaITA 1050/KOL/2026[2012-13]Status: Disposed2 Sept 2026AY 2012-13
- Bajrang Singh Rajawat, Jaipur vs ITO Ward-7(2), JaipurITA 1120/JPR/2025[2014-15]Status: Disposed30 Jul 2026AY 2014-15
- Smt. Reeta Dubey, Jaunpur vs Income Tax Officer - II, JaunpurITA 128/VNS/2025[2012-2013]Status: Disposed23 Jul 2026AY 2012-2013
- Ashwani Sood, Patiala vs Income Tax Officer, Ward - Nabha, NabhaITA 801/CHANDI/2025[2009-10]Status: Disposed16 Apr 2026AY 2009-10
- Rasar Biogenetics, Hyderabad vs ITO., Ward-10(1), HyderabadITA 1266/HYD/2025[2016-2017]Status: Disposed7 Jan 2026AY 2016-2017
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