SANJEEV GUPTA,NEW DELHI vs. ACIT, CIRCLE-18(1), NEW DELHI

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ITA 2324/DEL/2019Status: DisposedITAT Delhi25 May 2022AY 2015-162 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The Income Tax Appellate Tribunal (ITAT) dismissed the appeal as withdrawn based on the assessee's request to avail the Vivad se Vishwas Scheme. The assessee was granted liberty to seek restoration if they failed to avail the scheme for bona fide reasons.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT because they had opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'. The Revenue had no objection to this withdrawal.

What were the issues?

Whether an appeal can be withdrawn by the assessee to avail the benefits of the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G” DELHI

Before: SHRI KUL BHARAT & SHRI PRADIP KUMAR KEDIA

For Respondent: Shri Abhishek Kumar, Sr.DR

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-XXXVI, New Delhi dated 17.01.2019 passed under Section 143(3) of the Income Tax Act, 1961 (the Act).

2.

The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). As per letter filed by assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that assessee’s application for withdrawal of appeal may please be granted.

3.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.

4.

In the light of written request made on behalf of the captioned party, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bona fide reasons, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law. 5. In the result, the captioned appeal of the Assessee is dismissed as withdrawn. Order was pronounced in the open Court on 25/05/2022.

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