VATSALA IMPEX P.LTD,NEW DELHI vs. ITO, WARD-26(2), NEW DELHI

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ITA 4351/DEL/2019Status: DisposedITAT Delhi13 October 2021AY 2009-103 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 allowed the assessee's request to withdraw the appeals as they had opted for settlement under the Vivad se Vishwas Scheme. The assessee was granted liberty to seek restoration if the settlement was not finalized.

What were the facts?

The assessee filed appeals before the ITAT for AY 2009-10 and 2010-11. The assessee later opted for settlement under the Vivad se Vishwas Scheme, 2020, and filed the necessary forms.

What were the issues?

Whether the appeals should be withdrawn due to the assessee opting for settlement under the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “SMC” : DELHI

Before: SHRI R.K. PANDA

Hearing: 13.10.2021Pronounced: 13.10.2021

M/s. Vatsala Impex Private The Income Tax Officer, Limited, 150, Behra Ward – 26 (2), vs. Enclae, Pachim Vihar, C.R. Building, New Delhi – 110 087. New Delhi. PIN – 110 002. PAN AACCV6079K (Appellant) (Respondent) For Assessee : Shri Santosh Pathak, C.A. For Revenue : Sh. R.K. Gupta, Sr. DR Date of Hearing : 13.10.2021 Date of Pronouncement : 13.10.2021 ORDER

ITA.No.4351/Del./2019 filed by the Assessee is directed against the order dated 08.03.2019 of the Ld. CIT(A)-16, New Delhi, relating to the A.Y. 2009-2010. ITA.No.4352/Del./2019 filed by the assessee is directed against the order dated 25.03.2019 of the Ld. CIT(A)-28, New Delhi, relating to the A.Y. 2010-11. For the sake of convenience, these appeals were heard together and are being disposed of by this common order.

2 ITA.Nos.4351 & 4352/Del./2019 M/s. Vatsala Impex Private Limited, New Delhi.

3.

Learned Counsel for the Assessee filed an application seeking for withdrawal of the appeals on the ground that assessee has opted for settlement of the dispute under VIVAD SE VISHWAS SCHEME, 2020 and the Designated Authority has issued Form No.3 for both the years. The assessee-company has filed Form No.4 on 09.04.2021 in response to Form No.3. Since there was a refund due to the assessee for both the assessment years, the assessee is not required to pay any tax and Form No.5 is awaited. He accordingly submitted that the appeals filed by the assessee may be treated as withdrawn with a liberty to the assessee to move an application for restoration of the appeals, in case the issue is not ultimately settled under VIVAD SE VISHWAS SCHEME, 2020.

4.

I have heard both the sides. Since the assessee has opted to settle the dispute under VIVAD SE VISHWAS SCHEME, 2020 and has filed Form Numbers 3 and 4, therefore, the request of the assessee seeking withdrawal of the appeals is allowed. However, the assessee is at liberty to 3 ITA.Nos.4351 & 4352/Del./2019 M/s. Vatsala Impex Private Limited, New Delhi. move appropriate application for restoration of the appeals, in case the issue is not ultimately settled under VIVAD SE VISHWAS SCHEME, 2020.

5.

In the result, both the appeals filed by the Assessee are dismissed.

Order pronounced in the open Court at the time of hearing itself i.e., on 13.10.2021.

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