ORIENT CLOTHING COMPANY PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-19(1), NEW DELHI

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ITA 8930/DEL/2019Status: DisposedITAT Delhi28 June 2022AY 2011-123 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 noted that the dispute was settled under the Vivad Se Vishwas Scheme. Therefore, the appeal was allowed to be withdrawn and consequently dismissed.

What were the facts?

The assessee filed an appeal for assessment year 2011-12. Subsequently, the assessee opted to settle the dispute under The Direct Tax Vivad Se Vishwas Scheme, 2020. The Department issued Form No. 5 for full and final settlement of taxes.

What were the issues?

Whether an appeal can be withdrawn and dismissed when the underlying dispute has been settled under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH “E” : DELHI ]

Before: SHRI CHALLA NAGENDRA PRASADSHRI ANADEE NATH MISSHRA

For Appellant: Shri Aman Garg, Advocate;
For Respondent: Shri Anuj Garg, Sr. D. R.;
Hearing: 28/06/2022

आदेश / O R D E R PER C. N. PRASAD, J. M. :

1.

This appeal is filed by the assessee for assessment year 2011-12 against the order of the ld. Commissioner of Income Tax (Appeals)-22, [hereinafter referred to CIT (Appeals)] New Delhi, dated 30.08.2019.

2.

The assessee through his Authorized Representative’s letter dated 28.06.2022 submitted that the assessee has opted to settle the dispute involved in the impugned appeal under The Direct Tax Vivad Se Vishwas Scheme, 2020 and has already filed Form Nos. 1 and 2 under the Scheme and also received order in Form No. 5 for full and final settlement of taxes under the said Act. Therefore, the appeal of the assessee may be allowed to be withdrawn.

3.

On careful consideration of the fact it is found that Form No. 5 has been issued to the assessee by the Department on 24th May, 2022 under The Direct Tax Vivad Se Vishwas Act, 2020 for full and final settlement of taxes. Therefore, the appeal of the assessee for Assessment Year 2011-12 is allowed as withdrawn and hence dismissed.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced in the open court on : 28/06/2022.

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