DCIT, CENTRAL CIRLE, KARNAL vs. RAJESH KEDIA, BHIWANI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeal as withdrawn in limine, acknowledging the assessee's enrollment in the VSV Scheme. The Revenue reserves the right to seek restoration if the assessee fails to avail the VSV benefits.
What were the facts?
The Revenue filed an appeal against the order of the CIT(A) for AY 2014-15. The assessee had opted for settlement under the Vivad Se Vishwas (VSV) Scheme.
What were the issues?
The primary issue was the impact of the assessee opting for the Vivad Se Vishwas Scheme on the pending Revenue appeal.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI
Before: SHRI SAKTIJIT DEY & SHRI PRADIP KUMAR KEDIA
आदेश/O R D E R
PER PRADIP KUMAR KEDIA, AM:
The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-3, Gurgaon (‘CIT(A)’ in short), dated 31.10.2017 concerning AY 2014-15.
When the matter was called for hearing in the captioned Revenue’s appeal, 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. Counsel accordingly submitted that he does not seek to defend the said appeal owing to exercise of option for availing VSV scheme and consequently urged that assessee request for closure of Revenue’s appeal may please be granted.
The Revenue readily agreed with the proposal on behalf of Asssessee having regard to VSV Scheme availed by the Assessee.
In the light of requests made on behalf of the captioned Assessee, the appeal is dismissed as withdrawn in limine.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 appeal for hearing before ITAT in accordance with law.
In the result, the captioned appeal filed by the revenue is dismissed as withdrawn.
This Order pronounced on 05/05/2022
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