TCIL BINA TOLL ROAD LTD,NEW DELHI vs. ACIT, CIRCLE-25(1), NEW DELHI

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ITA 7783/DEL/2018Status: DisposedITAT Delhi20 December 2021AY 2015-163 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can approach the Tribunal for reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against an order for assessment year 2015-16. The assessee subsequently applied to resolve the pending issue under the Vivad se Vishwas Scheme, 2020, and filed the necessary declaration forms.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.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

Vivad se Vishwas Scheme, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “G” BENCH: NEW DELHI

Before: SHRI C. N. PRASAD & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Suyansh Sinha, Advocate
Hearing: 20.12.2021

ORDER PER C. N. PRASAD, JM :

This appeal is filed by the assessee against order dated 29.08.2017 passed by ACIT, Circle-25(1), New Delhi for assessment year 2015-16.

2.

Before us, the Ld. AR submitted that the assessee has moved an application to resolve the pending issue through Direct Tax “Vivad se Vishwas Scheme” (VSV) Act, 2020, and has filed Declaration Form No. 1 & 2 and received Form No. 3 dated 29/01/2021 and also received From No. 4 dated 14/12/2021.

3.

In view of the aforesaid facts and after considering the submissions of the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider the same. The appeal of the assessee is dismissed as withdrawn.

4.

In the result, the appeal of the assessee is dismissed. Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 20th December, 2021.

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