DCIT, NEW DELHI vs. M/S NPG IMPEX PVT. LTD., DELHI

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ITA 1170/DEL/2017Status: HeardITAT Delhi16 December 2021AY 2010-112 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had settled the dispute under the Vivad se Vishwas Act and the Revenue had no objection. Therefore, the appeal was rendered infructuous.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2010-11. The assessee had opted for settlement under the Direct Tax Vivad se Vishwas Act, 2020, and obtained a final settlement order.

What were the issues?

Whether an appeal filed by the Revenue is to be dismissed as infructuous when the assessee has settled the tax arrears under the Direct Tax Vivad se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. ANIL CHATURVEDI & SH. SANDEEP GOSAIN

For Respondent: Shri Ratan Singh, Sr. D.R
Hearing: 16.12.2021Pronounced: 16.12.2021

This appeal filed by the Revenue is directed against the order dated 27.12.2016 of the Commissioner of Income Tax (Appeals)-6, Delhi relating to Assessment Year 2010-11.

2.

Before us, the assessee has moved an application dated 07.12.2021 wherein the assessee has stated that in respect of the dispute in question, the assessee i.e. respondent has opted for settlement under THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 and had already paid due tax as per scheme and Form – 4 was consequently filed on 19.03.2021. It was further submitted that inconsequent thereof, the order under Form – 5 from Hon’ble Pr. CIT as order for full and final settlement of tax arrears under section 5(2) r.w.s 6 of the Direct Tax Vivad se Vishwas Act, 2020 (3 of 2020) & the Direct Tax Vivad se Vishwas Rules, 2020 was issued on 08.11.2021 vide acknowledgement no.794937471081121. The copy of which has already been placed on record.

3.

After having gone through the request of the assessee and keeping in view the no objection of the Revenue, we dismiss the appeal of the Revenue as infructuous.

4.

In the result, appeal of the Revenue is dismissed as infructuous.

Order pronounced in the open court on 16.12.2021, immediately after conclusion of the hearing of the matter in virtual mode.

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