R S KHANNA & SONS,NEW DELHI vs. DCIT, CIRCLE-62(1), NEW DELHI

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ITA 378/DEL/2019Status: DisposedITAT Delhi09 March 2022AY 2015-162 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 allowed the assessee to withdraw the appeal as the assessee had availed the Vivad Se Vishwas scheme. Liberty was granted to seek recall of the order if unforeseen circumstances arose.

What were the facts?

The assessee filed an appeal before the ITAT. During the hearing, the assessee requested to withdraw the appeal.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

The Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: SHRI ANIL CHATURVEDI & SHRI N. K. CHOUDHRY

For Appellant: Shri J. C. Kapoor, CA, Shri Tarun Kapoor, CA
For Respondent: Shri Vipul Kashyap, Ld. Sr. DR
Hearing: 09/03/2022Pronounced: 09/03/2022

O R D E R PER N.K. CHOUDHRY, J. M.: 1. This appeal has been preferred by the Assessee against the order dated 28.11.2018 impugned herein, passed by the ld. Commissioner of Income Tax (Appeals)-20, New Delhi for the assessment year 2015-16.

2.

The Assessee has preferred the instant application under consideration for withdrawal of the appeal.

3.

During the course of hearing, the Ld. Counsel for the Assessee submitted that since the Assessee has availed the immunity scheme i.e; Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No.3 issued on 11.02.2021 in response to the application filed by the Assessee under the scheme, therefore the appeal of the Assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.

4.

The Ld. DR did not raise any objection, on the request of the Assessee for withdrawal of Appeal.

5.

Having heard the parties and perused the application for withdrawal of the appeal and Form 3 dated 11.02.2021 (Copy already on record) issued by the Department, considering the facts and circumstances, the appeal of Assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance of law, hence ordered accordingly.

6.

In the result, instant appeal of the Assessee stands dismissed as withdrawn.

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