ITO, WARD- 3(3), NEW DELHI vs. ASHOKA DISTELLERS AND CHEMICALS PVT. LTD., NEW DELHI

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ITA 5541/DEL/2017Status: DisposedITAT Delhi14 October 2021AY 2014-152 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 allowed the assessee's prayer for dismissal of the Revenue's appeal, subject to the condition that all due taxes are paid and Form No. 5 is obtained. The Revenue can approach the Tribunal to recall the order if the assessee fails to comply.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2014-15. The assessee requested dismissal of the appeal as they opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed in light of the assessee opting for the Vivad Se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.S.PANNU & SHRI KUL BHARAT

Hearing: 14.10.2021Pronounced: 14.10.2021

ORDER PER KUL BHARAT, JM : This appeal filed by the Revenue for the assessment year 2014-15 is directed against the order of Ld. CIT(A)-1, New Delhi dated 07.06.2017.

2.

The assessee, vide its letter dated 14.10.2021, received through email, has requested for dismissal of the appeal filed by Department and stated 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”. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.

3.

The assessee company is also filed Form No.4 issued by the Department. However, it is stated that Form No.5 is still awaited.

4.

Ld. Sr. DR submitted that the assessee has not filed Form No.5 therefore, the Revenue may be given liberty to approach the Tribunal in the Form No.5. In view of the submissions made by the assessee, Form Nos. 3 & 4 issued by the Department is placed on record. We, therefore, allow the prayer of the assessee for dismissing the appeal of the Revenue subject to the condition that all due taxes are paid and Form No.5 is obtained from the Department in the event of failure on the part of the assessee to do so. The Revenue would be at liberty to approach this Tribunal for recalling of our order. Thus, appeal of the Revenue is dismissed.

5.

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

Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 14th October, 2021.

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