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Income Tax Appellate Tribunal, DELHI BENCH ‘I-1’, NEW DELHI
Before: SH. ANIL CHATURVEDI & SH. CHALLA NAGENDRA PRASAD
Both the appeals filed by the Revenue are directed against the order of the Commissioner of Income Tax (Appeals) – 44, New Delhi dated 30.08.2019 relating to Assessment Years 2007-08 & 2008-09.
Before us, assessee has moved an application dated 23.05.2022 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form- 1) and undertaking (Form-2) Scheme and department had issued Form-5. The assessee therefore seeks to withdraw the appeals, to which the Revenue has no objection.
After considering the request made by the assessee, we dismiss the appeals of the Revenue as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. With these directions, both the appeals of the Revenue are dismissed as withdrawn.
In the result, both the appeals of the Revenue are dismissed.
Order pronounced in the open court on 25.05.2022, immediately after conclusion of the hearing of the matter in virtual mode.
Sd/- Sd/- (CHALLA NAGENDRA PRASAD) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 25.05.2022 PY* Copy forwarded to: 1. Appellant
2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI
25.05.2022 Date of dictation
25.05.2022 Date on which the typed draft is placed before the dictating Member 25.05.2022 Date on which the approved draft comes to the Sr.PS/PS
25.05.2022 Date on which the fair order is placed before the Dictating Member for Pronouncement 25.05.2022 Date on which the fair order comes back to the Sr. PS/ PS
25.05.2022 Date on which the final order is uploaded on the website of ITAT 25.05.2022 Date on which the file goes to the Bench Clerk