MAHESH SINGHANIA,PANIPAT vs. ACIT, CIRCLE, PANIPAT
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 noted that the dispute was settled under the Vivad Se Vishwas Act, as evidenced by Form 5. Therefore, the assessee was permitted to withdraw the appeal.
What were the facts?
The assessee filed an appeal against an order of the CIT(A) for AY 2012-13. The assessee later communicated that the dispute has been 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Whether an appeal can be withdrawn if the underlying dispute has been settled under the Vivad Se Vishwas Act.
Which sections of the Income-tax Act were involved?
Direct Tax Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI
Before: SHRI G.S. PANNU, HON’BLE & SHRI SAKTIJIT DEY
Date of hearing 24.06.2022 Date of pronouncement 24.06.2022 ORDER PER SAKTIJIT DEY, JM:
This is an appeal by the assessee against order dated 11.12.2018 of learned Commissioner of Income Tax (Appeals), Karnal, for the assessment year 2012-13.
When the appeal was called for hearing, none appeared on behalf of the assessee. However, vide letter dated 8th June, 2022, the assessee has communicated that the dispute arising in the appeal has been settled under Direct Tax Vivad Se Vishwas Act, 2020, with the issuance of Form 5 by the designated authority.
Therefore, a request has been made on behalf of the assessee for withdrawal of the appeal
Learned Departmental Representative did not object to assessee’s request for withdrawal of the appeal.
We have heard learned Departmental Representative and perused the materials on record. As could be seen from the contents of the communication received from the assessee accepting assessee’s declaration under the Direct Tax Vivad Se Vishwas Scheme – 2020, the designated authority has issued Form
5. Thus, for all practical purposes, the dispute arising in the present appeal has been settled. Therefore, we permit the assessee to withdraw the present appeal. Accordingly, appeal is dismissed as withdrawn.
In the result, appeal is dismissed.
Order pronounced in the open court on 24th June, 2022
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