DCIT, CENTRAL CIRCLE-31, NEW DWELHI vs. MATCHWELL CONSTRUCTIONS P.LTD, DELHI

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ITA 5096/DEL/2018Status: DisposedITAT Delhi18 May 2022AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the settlement under the Vivad Se Vishwas Act leads to the deemed withdrawal of the pending appeal. Therefore, the appeal was dismissed.

What were the facts?

The Revenue preferred an appeal against an order of the CIT(A). The assessee had arrived at a settlement under The Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal pending before the ITAT is deemed withdrawn upon settlement under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 250,Section 4,Section 5

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. G.S.PANNU, HON’BLE & SH. ANUBHAV SHARMA

Hearing: 18.05.2022

This appeal has been preferred by the revenue against the appellate order dated 26.04.2018 u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “The Act”) passed by Commissioner of Income Tax (Appeals)- 30, New Delhi being appeal no. 248/15-16/2225 .

2.

Heard and perused the record. An application has been filed, for withdrawal of the appeal by the revenue, in furtherance of settlement arrived under The Direct Tax Vivad Se Vishwas Act, 2020 (The Act of 2020).

Matchwell Constructions P. Ltd. 2

3.

On behalf of the appellant, from Form 5 under the Act of 2020 has been placed on record.

4.

The sub section (2) of section 4 of the Act of 2020 provides that on issuance of certificate under sub section (1) of section 5 by the designated authority the appeal pending before this tribunal shall be deemed to have been withdrawn from the date on which the said certificate is issued.

5.

In the light of aforesaid, the appeal in hand stands dismissed.

6.

However, subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of The Act of 2020, the revenue shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application, appropriately as per law.

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