ACIT, NOIDA vs. M/S. DNATA INTERNATIONAL PVT. LTD., NOIDA

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ITA 143/DEL/2017Status: DisposedITAT Delhi31 January 2022AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the assessee's submission that a certificate for settlement under the Vivad Se Vishwas Scheme had been granted. Consequently, the assessee requested the closure of the appeal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2012-13. The assessee had applied for settlement of the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme for dispute resolution.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “B” NEW DELHI

Before: SHRI KULBHARAT & SHRI PRADIP KUMAR KEDIA

For Appellant: DR Sh. Kshitij Bansal, CA
Hearing: 31.01.2022

आदेश/O R D E R

PER PRADIP KUMAR KEDIA, AM:

1.

The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-I, Noida (‘CIT(A)’ in short), dated 28.10.2016 concerning AY 2012-13.

2.

When the matter was called for hearing in the captioned Revenue’s appeal, Learned Counsel for the assessee at the outset submitted that the designated authority has already granted certificate electronically to the declarant assessee admitting request of the assessee for settlement of dispute under ‘Vivad Se Vishwas Scheme 2020’ (VSV) read with rules framed thereunder. The Ld. Counsel accordingly submitted that he does not seek to defend the said appeal owing to exercise of option for availing VSV scheme and consequently urged that assessee request for closure of Revenue’s appeal may please be granted.

3.

In the light of written requests made on behalf of the captioned Assessee, the appeal is dismissed as withdrawn in limine. However, in the event, the Assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the Revenue will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law. 4. In the result, the captioned appeal filed by the revenue is dismissed as withdrawn.

This Order pronounced on 31/01/2022

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