SUNIL GOEL,NEW DELHI vs. ACIT CIRCLE - 10(2), NEW DELHI

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ITA 9246/DEL/2019Status: DisposedITAT Delhi23 June 2022AY 2015-163 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 assessee had received a Form No. 5 for full and final settlement of taxes under the Vivad Se Vishwas Act. Consequently, the appeal was allowed to be withdrawn.

What were the facts?

The assessee filed an appeal against an addition made under Section 2(22)(e) of the Income Tax Act. The assessee later opted to settle the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 2(22)(e)

AI-generated summary — verify with the full judgment below

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

Before: SHRI CHALLA NAGENDRA PRASADSHRI PRADIP KUMAR KEDIA

For Respondent: Shri Abhishek Kumar, Sr. D. R.;
Hearing: 23/06/2022

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

1.

This appeal is filed by the assessee for assessment year 2015-16 against the order of the ld. CIT (Appeals)-4, New Delhi, dated 30.10.2019 in sustaining the addition of Rs.65,40,283/- made under Section 2(22)(e) of the Income Tax Act, 1961 (the Act) by the Assessing Officer.

2.

The assessee through his letter dated 5.05.2022 submitted that he 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 Therefore, the appeal of the assessee may be allowed to be withdrawn.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 08th February, 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 Therefore, the appeal of the assessee for Assessment Year 2015-16 is allowed as withdrawn and hence dismissed.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced in the open court on : 23/06/2022.

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