OXIGEN SERVICES (INDIA) PRIVATE LIMITED,NEW DELHI vs. ACIT, CIRCLE-19(1), NEW DELHI

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ITA 8133/DEL/2019Status: DisposedITAT Delhi15 June 2022AY 2016-173 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 accepted the assessee's request for withdrawal of the appeal as the dispute was resolved under the Vivad Se Vishwas Act. The designated authority had issued Form 5, confirming the settlement.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2016-17. The assessee subsequently opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for settlement under the Vivad Se Vishwas Act.

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: ‘E’ NEW DELHI

Before: SHRI SAKTIJIT DEY & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Praveen Kumar, CA, Shri Dilip Singh Kothari, CIT (DR) &, Ms. Garima Sharma, SR. DR
Hearing: 15.06.2022Pronounced: 15.06.2022

Date of hearing 15.06.2022 Date of pronouncement 15.06.2022 ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER:

This is an appeal by the assessee against order dated 30.07.2019 of learned Commissioner of Income-Tax (Appeals)-22, New Delhi for the assessment year 2016-17.

2.

At the outset, learned counsel appearing for the assessee, on instructions, sought withdrawal of appeal, since, assessee has opted for settling the dispute arising in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020.

3.

In fact, a letter dated 15.06.2022 to this effect, enclosing a copy of Form 5 issued by the designated authority on 02.03.2021 has been furnished before the Bench.

4.

Learned Departmental Representative did not object to assessee’s request for withdrawal of the appeal.

5.

Having considered rival submissions, we find, accepting assessee’s declaration under the Direct Tax Vivad Se Vishwas Act, 2020, the designated has issued Form 5. Thus, with the issuance of Form 5, for all practical purposes, the dispute arising in the appeal stands resolved. That being the case, we permit the assessee to withdraw the present appeal. Accordingly, the appeal is dismissed as withdrawn.

6.

In the result, the appeal is dismissed.

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