COMMISSIONER OF INCOME TAX - I vs. M/S ACTIS ADVISORS PVT. LTD.

ITA/425/2013HC DelhiDLHC01085735201326 February 20212 pages

AI SummaryWithdrawn

What did the High Court hold?

The Delhi High Court allowed the application filed by the appellant/assessee seeking leave to withdraw the instant appeal. The Court reasoned that the assessee had initiated steps to resolve the tax dispute under the Direct Tax Vivad Se Vishwas Act, 2020. The Court granted liberty to both the appellant/assessee and the respondent/Revenue to approach the Court if the designated authority fails to issue a certificate in the prescribed form (Form-5). Consequently, the appeal was closed. The order passed in this application was to be placed in the case file concerning ITA No. 425/2013.

What were the facts?

The appellant, Actis Advisers Pvt Ltd, filed an appeal (ITA 217/2013) before the Delhi High Court. The appeal was against an order passed by the Deputy Commissioner of Income Tax. The assessee sought to withdraw the appeal because it had initiated steps to avail the benefits of the Direct Tax Vivad Se Vishwas Act, 2020. The assessee stated that the tax dispute had been resolved not only in the present appeal but also in a related appeal filed by the Revenue (ITA 425/2013). The Court heard the application for withdrawal on February 26, 2021.

What were the issues?

1. Whether the appellant/assessee should be granted leave to withdraw the instant appeal (ITA 217/2013) in view of the steps taken to avail the Direct Tax Vivad Se Vishwas Act, 2020. Assessee's Contention: The assessee, through its counsel Mr. Bhuwan Dhoopar, argued that it has resolved the tax dispute under the Vivad Se Vishwas Act, 2020, not only for the present appeal but also for the Revenue's appeal (ITA 425/2013). Therefore, leave to withdraw the appeal should be granted. Revenue's Contention: The judgment does not record any specific arguments made by the respondent/Revenue on the application for withdrawal.

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

$-15 + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA 217/2013 and CM APPT..N0. 7934/2021 ACTIS ADVISERS PVTLTD ..... Appellant Through: Mr. Bhuwan Dhoopar, Advocate. versus DEPUTY COMMISSIONER OF INCOME TAX Respondent Through: Mr. Deepak Anand, Advocate. ^ CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 26.02.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM APPL.No. 7934/2021 1. This is an application filed on behalf of the appellant/assessee seeking leave to withdraw the instant appeal in view of the fact that steps have been initiated by it to take benefit of the provisions of Direct Tax Vivad Se Vishwas Act, 2020 [in short "the Act"]. 2. According to Mr. Bhuwan Dhoopar, who appears on behalf of the appellant/assessee, the appellant/assessee has resolved the tax dispute not only-in the instant appeal i.e., ITA 216/2013, but also in the Revenue's appeal, which, according to him, is on the regular board and is numbered as ITA 425/2013. 1 ITA 217/2013 I I I I I I I I I I I I I I I I page 1 of 2 Signing Date:21.01.2025 17:25:00 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified

Having regard to the submissions made by the counsel for the • appellant/assessee, the prayer made in the application is allowed. However, liberty is given to both, the appellant/assessee, as well as the respondent/Revenue, to approach the Court, in case, the designated authority does not issue a certificate in the prescribed form i.e. Form-5. ITA 217/2013 4. In view of the order passed in CM APPL. 7934/2021, the appeal shall stand closed. The order passed today will be placed by the Registry in the case file concerning ITA No. 425/2013. RAJIV SHAKDHER, J cx H TALWANT SIN FEBRUARY 26,2021 tr Click here to check corrwendum. if any ITA 217/2013 page 2 of 2

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