PANAFIC INDUSTRIALS LTD,NEW DELHI vs. ITO WARD - 19(3), NEW DELHI
What did the Tribunal hold?
The Tribunal considered the assessee's application for withdrawal of the appeal and the Form-5 issued by the department. The appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT for assessment year 2011-12. Subsequently, the assessee opted for the Vivad Se Vishwas scheme and received Form No. 5 from the Income Tax Department.
What were the issues?
The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee availing the Vivad Se Vishwas scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘F’ NEW DLEHI
Before: SHRI ANIL CHATURVEDI & SHRI N.K. CHOUDHRY
This appeal has been preferred by the Assessee against the order dated 11.06.2019, impugned herein, passed by the ld. Commissioner of Income Tax (Appeals)-7, New Delhi, for the assessment year 2011-12.
The Assessee by filling the instant application dated 13.06.2022 has claimed that since 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to the application filed by the Assessee under the scheme, therefore, the Assessee’s appeal may be dismissed as withdrawn.
[2]
The Ld. DR did not refute the factual position and claim of the Assessee.
Considering the application for withdrawal of the appeal and Form-5 dated 21.12.2021 (Copy already on record) issued by the Department, the appeal of Assesseeis liable to be dismissed as withdrawn, hence, ordered accordingly.
In the result, Assessee’s appealunder considerationstands dismissed as withdrawn.
Order pronounced in the open court on 15/06/2022.
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