CEE PEE CREATIONS PVT. LTD.,NEW DELHI vs. ITO WARD-5(4), NEW DELHI

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ITA 7421/DEL/2019Status: DisposedITAT Delhi26 April 2022AY 2008-093 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The Tribunal dismissed the assessee's appeals as withdrawn, subject to the condition that if the dispute is not resolved under the VSV scheme, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee opted for the Vivad Se Vishwas (VSV) scheme and filed the necessary declarations and undertakings. The department issued Form-5, indicating the scheme's acceptance.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI

Before: SH. ANIL CHATURVEDI & SH. KUL BHARAT

For Appellant: Shri Deepesh Garg, Adv
For Respondent: Shri Umesh Takyar, Sr. D.R
Hearing: 26.04.2022Pronounced: 26.04.2022

PER KUL BHARAT, JM :

1.

Both the appeals filed by the assessee are directed against the orders dated 31.10.2019 and 31.07.2019 of the Commissioner of Income Tax (Appeals)-2, New Delhi relating to Assessment Years 2011-12 and 2008-09.

2.

Before us, assessee has moved an application wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-1) and undertaking (Form-2) Scheme and department had issued Form-5. The assessee therefore seeks to withdraw the appeals, to which the Revenue has no objection.

3.

After considering the request made by the assessee, we dismiss the appeals of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. With these directions, appeals of the assessee are dismissed as withdrawn.

4.

In the result, both the appeals of the assessee are dismissed.

Order pronounced in the open court on 26.04.2022, immediately after conclusion of the hearing of the matter in virtual mode.

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