GUPTA BROS (INDIA),NEW DELHI vs. ACIT CIRCLE - 62(1), NEW DELHI

PDF · subscribers
ITA 1725/DEL/2019Status: DisposedITAT Delhi28 April 2022AY 2013-144 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the appeal had become infructuous due to the assessee opting for the Vivad Se Vishwas Scheme. Consequently, the appeal was treated as withdrawn and dismissed.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order confirming an addition of Rs. 30,00,000/- under Section 68 and depreciation on a truck. During the hearing, the assessee informed the tribunal that they had opted to settle the appeal under the Vivad Se Vishwas Scheme (VSVS).

What were the issues?

Whether the appeal is maintainable after the assessee opted for the Vivad Se Vishwas Scheme. The original grounds of appeal related to additions under Section 68 and depreciation claims.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

(A) This appeals by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals), New Delhi-20, [“Ld. CIT (A)”, for short], dated 20.12.2018 for Assessment Year 2013-14. Grounds taken in this appeal of Assessee is as under:

1.

On the facts and circumstances of the case the Ld. CIT (Appeals) is wrong in confirming the addition of Rs.30,00,000/- U/s. 68 of the I Tax Act.

2.

The Ld. CIT (Appeals) is wrong in confirming the addition on account Depreciation on Truck @ 30% claimed by the appellant.

ITA No.-1725/Del/2019 Gupta Bros. (India) 3. The appellant craves leave to add/ alter / delete any of the Grounds of appeal at the time of hearing.

(B) At the time of hearing, the learned Authorized Representative (“Ld. AR”, for short) for the Assessee informed us that the assessee has opted to settle the aforementioned appeal under Vivad Se Vishwas Scheme, 2020 (“VSVS”, for short) and that the assessee has filed the relevant forms. He drew our attention to letter from assessee’s side file, in Income Tax Appellate Tribunal (“ITAT”, for short) giving intimation of the same. It was also submitted by him that assessee has filed prescribed form under VSVS; and that Form-5 has been issued by designated authority under VSVS. In view of this, the learned AR as well as the Learned Commissioner of Income Tax (Departmental Representative) [“Ld. CIT(DR), for short] submitted before us that this appeal may be treated as withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS, and this appeal may be treated as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed.

(B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the dispute(s) under this appeal before us is / are not settled under the aforesaid VSVS, then the assessee will be at liberty to approach ITAT for restoration of this appeal, in accordance with law.

ITA No.-1725/Del/2019 Gupta Bros. (India) (C) In the result, this appeal is dismissed.

This order was already pronounced orally on 28th April, 2022 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 28.04.2022. Sd/- Sd/- (C.M. GARG) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 28.04.2022 NEHA, Sr. Private Secretary Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT

ASSISTANT REGISTRAR ITAT NEW DELHI ITA No.-1725/Del/2019 Gupta Bros. (India) 28.04.2022 Date of dictation

Date on which the typed draft is placed before the 28.04.2022 dictating Member Date on which the typed draft is placed before the 28.04.2022 Other Member

Date on which the approved draft comes to the Sr. 28.04.2022 PS/PS

28.04.2022 Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. 28.04.2022 PS/PS Date on which the final order is uploaded on the 28.04.2022 website of ITAT

29.04.2022 Date on which the file goes to the Bench Clerk

Date on which the file goes to the Head Clerk

More judgments on Section 68

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →