NARESH BAJAJ,NEW DELHI vs. ACIT, CIRCLE-34(1), NEW DELHI

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ITA 3561/DEL/2019Status: DisposedITAT Delhi22 March 2022AY 2013-143 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The Tribunal clarified the correct appeal number and allowed the assessee's request to dismiss the appeal as withdrawn, given their participation in the Vivad Se Vishwas scheme.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT, having opted for the Vivad Se Vishwas scheme. There was a discrepancy in the appeal number mentioned in the scheme application and the actual appeal number.

What were the issues?

Whether an appeal can be withdrawn due to opting for the Vivad Se Vishwas scheme, and clarification of the correct appeal number.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI

Before: SHRI T.S. KAPOOR & SHRI N. K. CHOUDHRY

For Respondent: Ms. Shweta Yadav Sr. DR
Hearing: 22/03/2022Pronounced: 22/03/2022

O R D E R PER N.K. CHOUDHRY, J. M.: The assessee has preferred the instant appeal against the order dated 28.12.2018 impugned herein, passed by the Id. Commissioner of Income tax (Appeals)-12, New Delhi (in short "Ld. Commissioner") u/s 250 of the Income Tax Act, 1961 (in short "the Act").

2.

The Ld. Counsel for the Assessee vide letter dated 22-03-2022 has preferred the instant application under consideration for withdrawal of the appeal.

3.

Our attention was drawn to the correspondence of the assessee with the Registry and the Revenue Department in respect of request for withdrawal of the appeal by opting Vivid Se Viswas scheme, the Assessee referred its appeal as and the Revenue Department allowed the application for Vivad Se Viswas Scheme and issued Form no. 5 by mentioning the same ITA no. i.e. 3554/Del/2019 whereas it is fact that the impugned order dated 28.12.2018 passed by the Id. Commissioner is the subject matter of DR as well.

On enquiry by us, it was stated by the Registry that initially appeal number allotted to the Assessee was however lateron it was rectified and new ITA no. i.e. 3561/Del/2019 was allotted to the appeal of the Assessee. We have considered the factual aspect and find that ITA no. 3554/Del/201 was allotted inadvertently and therefore deem it appropriate to clarify that for all purposes, the appeal of the Assessee be treated as ITA no. 3554/Del/2019.

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