BEAM GLOBAL SPIRITS & WINE (INDIA) PRIVATE LIMITED,NEW DELHI vs. DCIT, CIRCLE-4(2), NEW DELHI

ITA 961/DEL/2021Status: DisposedITAT Delhi28 September 2021AY 2016-178 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that once a settlement certificate under the Vivad se Vishwas Act was issued, the Assessing Officer should not have proceeded with the final assessment. The final assessment order was quashed as it contravened the provisions of the VSV Act.

What were the facts?

The assessee sought to settle disputed tax demand under the Vivad se Vishwas Act, 2020. Despite obtaining a settlement certificate (Form 5) under the Act, the Assessing Officer proceeded to pass a final assessment order and raised a demand. The assessee had also withdrawn its objections before the DRP based on the VSV settlement.

What were the issues?

Whether a final assessment order can be passed after a taxpayer has settled the disputed tax demand under the Vivad se Vishwas Act, 2020. Whether the Assessing Officer erred in ignoring the settlement under the VSV Act and issuing a demand notice.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 156,Section 4,Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘I-1’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI LALIET KUMAR

For Appellant: Shri Kanchan Kaushal, Adv, Shri Ravi Sharma, Adv
Hearing: 28.09.2021Pronounced: 28.09.2021

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

This appeal by the assessee is preferred against order dated

31.03.

2011 framed u/s 143(3) r.w.s 144C(13) r.ws. 143(3A) and 143(3B)

of the Income-tax Act, 1961 [hereinafter referred to as 'The Act'].

2.

The grievances of the assessee read as under:

1.

“On the facts and circumstances of the case & in law, the final assessment order passed by the Learned Assessing Officer (‘Ld. AO’) is bad in law and is void ab-initio.

2.

On the facts and circumstances of the case & in law, the Ld. Assessing Officer while issuing the notice of demand under s

The order continues below.

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