DCIT, CIRCLE-1, LTU, NEW DELHI vs. CAPARO ENGINEERING INDIA PVT. LTD., NEW DELHI

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ITA 4631/DEL/2019Status: DisposedITAT Delhi16 March 2022AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the dispute was settled under the Vivad Se Vishwas Scheme. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against the penalty order for AY 2007-08. The assessee had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed as the assessee has settled the dispute under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

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

Before: SHRI AMIT SHUKLA & DR. B.R.R. KUMAR

For Respondent: Shri Avikal Manu, Senior DR
Hearing: 16.03.2022

Aforesaid appeal has been filed by the Revenue against the impugned order dated 28.02.2019 passed by the ld. CIT(A)-22, New Delhi in relation to the penalty proceedings under section 271(1)(c) of the Income-tax Act, 1961 (for short ‘the Act’) for the Assessment Year 2007-08.

2.

Ld. Counsel for the assessee filed an application dated 10th March, 2022 stating that the assessee has opted to settle the dispute

Se Vishwas Scheme, 2020” and the same had already been settled under the aforesaid Scheme. He has attached Form 5-cum-certificate received from the Department along with the application dated 16.03.2022.

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 16th day of March, 2022.

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