UNITED AUTOMATION P.LTD,NEW DELHI vs. ACIT, CIRCLE-27(1), NEW DELHI

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ITA 7996/DEL/2018Status: HeardITAT Delhi15 March 2022AY 2015-163 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noted the assessee's intention to settle the dispute under the Vivad Se Vishwas Act and thus dismissed the appeal as withdrawn. Liberty was granted to revive the appeal if the declaration was not accepted.

What were the facts?

The assessee intended to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. However, a mistake was found in the tax liability computation in Form 3 issued by the designated authority, leading to a rectification request.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act, despite a potential computation error.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: SHRI SAKTIJIT DEY, JUDICAL MEMBER & DR. B.R.R. KUMAR

Hearing: 15.03.2022Pronounced: 15.03.2022

Date of hearing 15.03.2022 Date of pronouncement 15.03.2022 ORDER PER SAKTIJIT DEY, JM:

This is an appeal by the assessee against order dated 18.09.2018 of learned Commissioner of Income Tax (Appeals)-9, New Delhi, for the assessment year 2015-16.

2.

Learned Authorized Representative of the assessee has furnished letter dated 12.03.2022 intimating that the assessee has opted for settling the dispute arising in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020. However, it has been stated that due to some mistake in computation of tax liability in Form 3 issued by the designated authority, the assessee has filed letter dated 01.03.2021 seeking rectification.

3.

We have heard learned Authorized Representative appearing for the assessee and learned Departmental Representative. From the letter furnished before the Bench as well as the submission made at the time of hearing, it is very much clear that the assessee intends to settle the dispute arising in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020. Accordingly, assessee has filed a declaration seeking settlement of the dispute. In pursuance to the declaration filed by the assessee, the designated authority has computed the tax liability and has issued form no.3. As it appears, there is some mistake in the computation of tax liability of assessee, for which, the assessee has filed an application seeking rectification.

3. Be that as it may, considering the fact that assessee intends to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020, we are inclined to dismiss the appeal as withdrawn.

Accordingly, the appeal is dismissed.

4.

However, in the unlikely event of assessee’s declaration under the Vivad Se Vishwas Act not being accepted by the Revenue, liberty is granted to the assessee to seek revival of this appeal.

5.

In the result, the appeal is dismissed.

Order pronounced in the open court on 15th March, 2022

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