DCIT, CIRCLE-18(1), DELHI vs. NEWS 24 BROADCAST INDIA LTD, NOIDA

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ITA 837/DEL/2019Status: DisposedITAT Delhi20 June 2022AY 2012-133 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal had become infructuous due to the assessee opting for the Vivad se Vishwas Scheme. Consequently, the appeal was treated as withdrawn and dismissed.

What were the facts?

The Revenue filed an appeal against the CIT(A) order. During the appellate proceedings, the assessee opted for the Vivad se Vishwas Scheme (VSVS). The Designated Authority issued Form-5 under VSVS, making the appeal infructuous.

What were the issues?

Whether the appeal is infructuous due to the assessee opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’: NEW DELHI

ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Revenue is filed against the order of Learned

Commissioner of Income Tax (Appeals)-28, New Delhi [Ld. CIT(A)”, for short], dated 01.11.2018 for Assessment Year 2012-13.

(B) In the course of appellate proceedings in Income Tax Appellate Tribunal (“ITAT”, for short) the Learned Authorized Representative (“Ld. AR”, for short) for the assessee submitted that Page 1 of 3

DCIT vs. M/s News 24Broadcast India Limited the assessee has opted for Vivad se Vishwas Scheme, 2020 (“VSVS”, for short) and that the Designated Authority has already issued Form-5 under VSVS. A copy of Form-5 issued by the Designated Authority was also filed from the assessee’s side during appellate proceedings in ITAT. At the time of hearing, the Ld. AR submitted that the appeal has become infructuous in view of the assessee opting for VSVS; and that the appeal may be dismissed as withdrawn. Learned Senior Departmental Representative was in agreement with this. After due consideration and in view of the foregoing, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS, and that this appeal may be treated as withdrawn on account of the aforesaid VSVS.

Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed.

(B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the disputes under this appeal before us are not settled under the aforesaid VSVS, then Revenue will be at liberty to approach ITAT for restoration of this appeal in accordance with law.

DCIT vs. M/s News 24Broadcast India Limited (C) In the result, this appeal is dismissed.

This order was already pronounced orally on 20th June, 2022 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 20.06.2022.

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