PANKAJ GOEL,NEW DELHI vs. ACIT CIRCLE-38(1), NEW 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 request for withdrawal after noting that the dispute was settled under the Vivad Se Vishwas scheme and the designated authority had issued Form 5. The appeal was permitted to be withdrawn.
What were the facts?
The assessee filed an appeal against an order for assessment year 2015-16. The assessee subsequently sought to withdraw 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Whether an appeal can be withdrawn when the underlying dispute has been settled under a tax settlement scheme.
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 24.01.2019 of learned Commissioner of Income Tax (Appeals)-13, New Delhi, for the assessment year 2015-16.
When the appeal was called for hearing, none appeared on behalf of the assessee. However, the assessee has furnished a letter seeking withdrawal of the appeal as the dispute arising in the appeal has been settled under Direct Tax Vivad Se Vishwas Act, 2020. A copy of Form 5 dated 15th November, 2021 issued by the designated authority has been enclosed to the aforesaid letter.
Learned Departmental Representative did not object to assessee’s request for withdrawal of the appeal.
Having heard learned Departmental Representative and perused the materials on record, we find, 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 stands 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Accordingly, appeal is dismissed as withdrawn.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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