CHANDER SEKHAR KAPOOR & SONS,NEW DELHI vs. ITO WARD-35(2), NEW DELHI

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ITA 8258/DEL/2019Status: DisposedITAT Delhi18 April 2022AY 2016-172 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee had settled the case under the Vivad Se Vishwas Scheme. Liberty was granted to restore the appeal if the dispute was not settled as per the scheme.

What were the facts?

The assessee filed an appeal against an assessment order. Subsequently, the assessee sought to withdraw the appeal as the case was settled under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI AMIT SHUKLA

For Appellant: Shri Sidharth Anand, Accountant
For Respondent: Shri Om Prakash, Senior DR
Hearing: 18.04.2022

impugned order dated 26.07.2019 passed by the ld. CIT(A)-12, New Delhi for the quantum of assessment passed under section 143 (3) of the Income-tax Act, 1961 (for short ‘the Act’) for the assessment year 2016-17.

2.

Ld. Counsel for the assessee filed an application dated 11.04.2022 seeking withdrawal of the appeal on the ground that the assessee has already settled the case under “Vivad Se Vishwas Scheme, 2020” and has filed necessary Forms 1 & 2 with the Tax the Tax Department.

3.

Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored by the assessee in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, the present appeal is dismissed.

Order was pronounced on 18th day of April, 2022 after the conclusion of the hearing.

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