What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. The withdrawal was permitted as the assessee had settled the issue under the Vivad se Vishwas Scheme and the revenue had no objection.

The assessee filed an appeal before the ITAT challenging the CIT(A)'s order. During the pendency of the appeal, the assessee opted for the Vivad se Vishwas Scheme to settle the tax arrears for the assessment year in question.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad se Vishwas Scheme.

Ram Nivas Gupta, New Delhi vs ACIT | ITAT Delhi 2022

Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI

Before: SHRI KUL BHARAT & SHRI PRADIP KUMAR KEDIA

Hearing: 09.06.2022Pronounced: 10.06.2022

O R D E R PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax(Appeals)-17, New Delhi, dated 29.05.2019, pertaining to the assessment year 2013-14. The assessee has raised following grounds of appeal:

Ram Niwas Gupta Vs. ACIT “1. The order passed by the Ld. CIT(A)is bad in law and against the facts of the case.

2. The Ld. CIT(A) is totally unjustified in dismissing the appeal of the assessee without giving proper opportunity of being heard.

3. The Ld. CIT(A) is totally unjustified in sustaining the following additions made by the Ld. AO. :-

a) Addition on a/c of notional interest to the tune of Rs. 10,28,803/-. b) Addition on a/c of income from house property of Rs. 1,938/- c) Addition on a/c of various expenses for Rs. 70,545/- @ 10%. d) Addition on a/c of depreciation on car Rs. 35,900/-

That the appellant craves leave to add, amend or alter any of the grounds of appeal.”

The learned counsel for the assessee has moved an application seeking permission for withdrawal of the appeal. He submitted that for the assessment year in question i.e. A.Y. 2013-14, the assessee has settled the issue in VIVAD SE VISHWAS SCHEME, 2020 and requested that the assessee may be permitted to withdraw its appeal. A copy of Form-5, for full and final settlement of tax arrears under the aforesaid scheme has also been filed.

The learned DR has no objection to the request so made on behalf of the assessee.

Ram Niwas Gupta Vs. ACIT 4. In view of above and in absence of any objection from the side of the Ld.

D.R, the request of the assessee seeking for withdrawal of the appeal is allowed.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in open court on 10th June, 2022.

RAM NIVAS GUPTA,NEW DELHI vs. ACIT, CIRCLE-50(1), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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