SHARANAM CORPORATE HOUSING PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 23(1), NEW DELHI

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ITA 7467/DEL/2018Status: HeardITAT Delhi06 January 2022AY 2014-153 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 noted that the appeal had become infructuous due to the settlement under the Vivad se Vishwas Act. Consequently, the appeal was treated as withdrawn and dismissed.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. During the hearing, the assessee informed the tribunal that they had opted to settle the appeal under the Vivad se Vishwas Act, 2020, and had received Form-3. The revenue representative agreed that the appeal should be treated as withdrawn.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

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

ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals)-28, New Delhi, [Ld.

CIT(A)”, for short], dated 25.09.2018 for Assessment Year 2014-15.

Grounds taken in this appeal of Assessee are as under:

“1. That ld. CIT(A) without appreciating the correct facts of the case is not justified in law and facts and circumstances of the case in not admitting the additional evidence filed under rule 46A during the course of appellate proceedings which was very vital evidence to decide the appeal on the merits of the case.

Sharanam Corporate Housing Pvt. Ltd. vs. ITO

2.

That ld. CIT(A) without appreciating the correct facts of the case and considering the documents filed during the course of appellate proceedings is not justified in law and facts and circumstances of the case in confirming the addition of Rs.50,00,000/- made by ld. assessing officer under section 68 of the I.T. Act only on the basis of finding given in the assessment order.

3.

Appellant has every right to make, add, delete modify or alter any grounds of appeal at the time of hearing.”

(B) At the time of hearing, the Learned Authorized Representative (“Ld. AR”, for short) for the assessee informed us that the assessee has opted to settle the aforementioned appeal under Vivad se Vishwas ACT, 2020 (“VSVS”, for short) and that the Designated Authority has already issued Form-3 under VSVS forms. Copy of Form-3 issued by designated authority under VSVS was also enclosed with the aforesaid letter. Learned Senior Departmental Representative for revenue submitted before us that this appeal may be treated as withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration, and in view of the foregoing, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS, and this appeal may be treated as withdrawn on account of the aforesaid VSVS.

Sharanam Corporate Housing Pvt. Ltd. vs. ITO Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed.

(B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the disputes under this appeal before us are not settled under the aforesaid VSVS, then the assessee will be at liberty to approach ITAT for restoration of this appeal in accordance with law.

(C) In the result, this appeal is dismissed as withdrawn.

(D) This order was already pronounced orally on 06.01.2022 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. This written order is now signed today on 06.01.2022.

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