INVESTORS CLINIC INFRATECH PVT. LTD.,NEW DELHI vs. ACIT, SPECIAL RANGE- 4, NEW DELHI

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ITA 5334/DEL/2018Status: DisposedITAT Delhi21 January 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The Tribunal dismissed the appeal as withdrawn by the assessee. The dismissal was with liberty to restore the appeal if the dispute was not settled under the scheme.

What were the facts?

The assessee filed an appeal against an assessment order for AY 2015-16. The assessee later sought to withdraw the appeal as they had opted for the Vivad Se Vishwas Scheme, 2020, and had completed the necessary formalities.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.K. PANDA & SHRI AMIT SHUKLA

For Respondent: Shri Umesh Takyar, Sr.DR
Hearing: 21.01.2022

Aforesaid appeal has been filed by the assessee against the impugned order dated 29.05.2018 passed by the ld. CIT(A)-35, New Delhi for the quantum of assessment passed under section 143(3) of the Income-tax Act, 1961 (for short ‘the Act’) for the assessment year 2015-16.

Ld. Counsel for the assessee filed an application dated 2. 04.01.2022 seeking withdrawal of the appeal on the ground that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020” and has filed Forms 1 & 2 with the Tax Department, which was accepted and processed vide Form 3 issued by the Tax Department. He has also filed Form 4.

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 pronounced in open court on this 21st day of January, 2022 after the conclusion of the hearing.

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