What did the Tribunal hold?

The tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Scheme and the Department had issued the relevant form. Consequently, the appeal was allowed to be withdrawn.

The assessee opted to settle the dispute under The Direct Tax Vivad Se Vishwas Scheme, 2020 and filed the necessary forms. The Department issued Form No. 5 under the Scheme.

What were the issues?

The primary issue was whether the assessee's appeal should be withdrawn due to opting for settlement under the Vivad Se Vishwas Scheme.

Seven Heaven Constructions Pvt… vs ITO | ITAT Delhi 2022

Income Tax Appellate Tribunal, [DELHI BENCH “SMC–1”: NEW DELHI]

Before: SHRI KUL BHARATAS S.M.C.

For Appellant: Shri Sanyam Saxena, Advocate;

For Respondent: Shri Anil Kumar Sharma, Sr.DR;

Hearing: 16/02/2022Pronounced: 16/02/2022

This appeal by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)–43, New Delhi [hereinafter referred to as CIT (Appeals)] dated 30.01.2018 pertaining to the assessment year 2013–14. 02. At the time of hearing the assessee submitted that he has opted to settle the dispute involved in the impugned appeal under The Direct Tax Vivad Se Vishwas Scheme, 2020 and has already filed Form Nos. 1 and 2 under the Scheme. Therefore, the appeal of the assessee may be allowed to be withdrawn. 03. The ld. DR also agreed with the above contentions.

On careful consideration of the fact it is found that Form No. 5 has been issued to the assessee by the Department on 17th of February, 2021 under The Direct Tax Vivad Se Vishwas Act, 2020. Therefore, the appeal of the assessee is allowed as withdrawn and hence dismissed. 05. In the result, appeal of the assessee is dismissed.

Order pronounced in the open court on : 16/02/2022.

SEVEN HEAVEN CONSTRUCTIONS PVT. LTD.,NEW DELHI vs. ITO, WARD- 23(1), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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