DCIT, CIRCLE- 21(1), NEW DELHI vs. REED ELSEVIER INDIA (P) LTD., GURGAON

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ITA 6431/DEL/2017Status: DisposedITAT Delhi17 May 2022AY 2010-112 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 assessee had obtained a certificate for settlement under the Vivad Se Vishwas Scheme. Consequently, the assessee did not wish to contest the appeals.

What were the facts?

The Revenue filed appeals against the assessee's assessment orders. The assessee had opted for settlement of the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the impact of the assessee opting for the Vivad Se Vishwas Scheme on the pending Revenue appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(3),Section 92CA(4)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “I-2” DELHI

Before: SHRI CHANDRA MOHAN GARG & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Vishal Kalra & S.S. Tomar, Adv. &, Ms. Sumisha Murgai, AR
For Respondent: Shri Vijay Choudhary, Sr.DR

The captioned appeals have been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-XXXVIII, Delhi dated 25.07.2017 passed under Section 143(3)/144C(3)/92CA(4) of the Income Tax Act, 1961 (the Act).

2.

When the matter was called for hearing in the captioned Revenue’s appeals, Learned Counsel for the assessee at the outset submitted that the designated authority has already granted certificate electronically to the declarant assessee admitting request of the assessee for settlement of dispute under ‘Vivad Se Vishwas Scheme 2020’ (VSV) read with rules framed thereunder. The Ld.

I.T.A. No.6430 & 6431/Del/2017 2 Counsel accordingly submitted that he does not seek to defend the said appeals owing to exercise of option for availing VSV scheme and consequently urged that assessee request for closure of Revenue’s appeals may please be granted.

3.

In the light of requests made on behalf of the captioned Assessee, the appeals are dismissed as withdrawn in limine. However, in the event, the Assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the Revenue will be at liberty to seek restoration of original appeals for hearing before ITAT in accordance with law. 5. In the result, both the captioned appeals filed by the Revenue are dismissed. Order was pronounced in the open Court on 17/05/2022.

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