What did the Tribunal hold?

The Tribunal considered the Assessee's application for withdrawal and the Form-5 issued by the Department. The appeal filed by the Revenue Department was dismissed as withdrawn.

The Revenue preferred an appeal against an order for assessment year 2014-15. The Assessee subsequently availed the Vivad Se Vishwas immunity scheme and received Form No. 5 from the Income Tax Department.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed as withdrawn due to the Assessee availing the Vivad Se Vishwas scheme.

DCIT vs Rural Electrification Corporation… | ITAT Delhi 2022

Income Tax Appellate Tribunal, DELHI BENCH ‘F’ NEW DLEHI

Before: SHRI ANIL CHATURVEDI & SHRI N.K. CHOUDHRY

For Appellant: Shri Binod Gupta, Ld. CA

For Respondent: Shri N.C. Swain, Ld. CIT/ DR

Hearing: 13.06.2022

This appeal has been preferred by the Revenue against the order dated 30.04.2019, impugned herein, passed by the ld. Commissioner of Income Tax (Appeals)-22, New Delhi, for the assessment year 2014-15.

The Assessee by filling the instant application dated 13.06.2022has claimed thatsince the Assessee has availed the immunity scheme i.e. Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No. 5 in response to the application filed by the Assessee under the scheme, therefore, the appeal of the Revenue Department may be dismissed as withdrawn.

[2]

The Ld. DR did not refute the factual position.

Considering the application for withdrawal of the appeal and Form-5 dated 30.10.2021(Copy already on record) issued by the Department, the appeal of Revenue Department is liable to be dismissed as withdrawn, hence, ordered accordingly.

In the result, instant Revenue Department’s appeal stands dismissed as withdrawn.

Order pronounced in the open court on 15/06/2022.

DCIT CIRCLE-1, LTU, NEW DELHI vs. RURAL ELECTRIFICATION CORPORATION LTD., NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments