IFFCO TOKIO GENERAL INSURANCE CO. LTD.,NEW DELHI vs. ADDI. CIT SPECIAL RANGE-4, NEW DELHI

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ITA 8342/DEL/2019Status: DisposedITAT Delhi18 May 2022AY 2006-073 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. However, this was subject to the condition that if the dispute is not resolved under the scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee sought withdrawal of their appeal before the ITAT. This was because they had opted to settle the tax arrears for the assessment year under consideration through the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was whether the appeal should be withdrawn by the assessee due to opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : I-1 : NEW DELHI

Before: SHRI C.M. GARG & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Manu K. Giri, Advocate
For Respondent: Shri Mrinal Kumar Das, Sr. DR
Hearing: 18.05.2022Pronounced: 18.05.2022

BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER Assessment Year: 2006-07 IFFCO Tokio General Insurance Co. Vs. Addl. CIT, Ltd., Special Range-4, IFFCO Sadan, C-1, District Centre, New Delhi. New Delhi. PAN: AAACI7573H (Appellant) (Respondent) Assessee by : Shri Manu K. Giri, Advocate Revenue by : Shri Mrinal Kumar Das, Sr. DR Date of Hearing : 18.05.2022 Date of Pronouncement : 18.05.2022 ORDER

This appeal filed by the assessee is directed against the order dated 24.07.2019 of the CIT(A)-44, New Delhi, relating to Assessment Year 2006-07.

2.

The ld. Counsel for the assessee, at the time of hearing, sought withdrawal of the appeal filed by the assessee stating that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020. The assessee has obtained Form

No.3 and Form No.4 from the Department, copies of which are placed on record. He accordingly submitted that this appeal may be allowed to be withdrawn.

3.

In absence of any objection from the side of the ld. DR, the request of the assessee for withdrawal of the appeal is allowed.

4.

However, the aforesaid is 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 aforesaid Scheme, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. The Revenue has no objection with regard to the aforesaid caveat.

5.

In view of the aforesaid, the appeal is consigned to record and, for statistical purposes, the same is treated as dismissed.

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