ACIT CIRCLE-51(1), NEW DELHI vs. RAJ JEWELLERS, NEW DELHI

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ITA 535/DEL/2020Status: DisposedITAT Delhi20 May 2022AY 2014-153 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 dispute was settled under the Vivad Se Vishwas Act, rendering the Revenue's appeal infructuous. Therefore, the appeal was deemed withdrawn and dismissed.

What were the facts?

The Revenue appealed against an order deleting a penalty imposed under section 271(1)(c). The assessee informed the tribunal that the dispute was settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the Revenue's appeal is maintainable when the underlying dispute has been settled under a tax settlement scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘H’ NEW DELHI

Before: SHRI G.S. PANNU, HON’BLE & SHRI SAKTIJIT DEY

Hearing: 20.05.2022Pronounced: 20.05.2022

This is an appeal by the Revenue against order dated 26.11.2019 of learned Commissioner of Income Tax (Appeals)-17, New Delhi, deleting the penalty imposed under section 271(1)(c) of the Income-tax Act, 1961, for the assessment year 2014-15.

2.

When the appeal was called for hearing none appeared on behalf of the assessee. However, learned Authorized Representative of the assessee has furnished a letter stating that the dispute arising in the present appeal has been settled under the Direct Tax Vivad Se Vishwas Act, 2020. A copy of certificate issued by the designated authority in From 5 is enclosed with the aforesaid letter.

3.

Learned Departmental Representative fairly submitted, with the acceptance of assessee’s declaration under the Vivad Se Vishwas Scheme the dispute arising in the present appeal stands settled.

4.

Having heard learned Departmental Representative and perused the materials on record, it is observed, accepting assessee’s declaration under the Direct Tax Vivad Se Vishwas Act, 2020 the designated authority has issued an order dated 05.04.2021 in From 5. Thus, for all practical purposes the dispute arising in the present appeal is settled. That being the factual position emerging on record, the instant appeal of the Revenue has become infructuous. Accordingly, the appeal is deemed to have been withdrawn, hence, dismissed.

5.

In the result, the appeal is dismissed.

Order pronounced in the open court on 20th May, 2022

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