KARAMBIR NAIN,JIND vs. ITO WARD -2, BHIWANI

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ITA 3422/DEL/2019Status: DisposedITAT Delhi11 November 2021AY 2010-112 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the VSV scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee opted for the Vivad Se Vishwas (VSV) scheme and filed the necessary declarations. The department issued the relevant forms under the scheme. The assessee then sought to withdraw the appeal.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee due to opting for the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

For Appellant: Shri Navdeep Monga, Adv
For Respondent: Shri Om Prakash, Sr. D.R
Hearing: 11.11.2021Pronounced: 11.11.2021

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC-1’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) (Assessment Year : 2010-11) Karambir Nain Vs. ITO VPO Badanpur, Ward – 2, Teh. Narwana, Bhiwani Jind, Haryana – 126 102 PAN : BKJPK 4061 P (APPELLANT) (RESPONDENT) Assessee by Shri Navdeep Monga, Adv. Revenue by Shri Om Prakash, Sr. D.R. Date of hearing: 11.11.2021 Date of Pronouncement: 11.11.2021 ORDER PER ANIL CHATURVEDI, AM:

This appeal filed by the assessee is directed against the order dated 26.02.2019 of the Commissioner of Income Tax (Appeals)-5, Ludhiana relating to Assessment Year 2010-11.

2.

Before me, Learned AR stated that assessee has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form- 1) and undertaking (Form-2) Scheme and department had issued Form-3 & Form-5. The assessee therefore seeks to withdraw the appeal, to which the Revenue has no objection.

3.

After considering the request made by the assessee, I dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 such application appropriately as per law. With these directions, appeal of the assessee is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed. 4. Order pronounced in the open court on 11.11.2021, immediately after conclusion of the hearing of the matter in virtual mode.

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