PARVESH RANI,KARNAL vs. ITO WARD -03, KARNAL

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ITA 3179/DEL/2019Status: DisposedITAT Delhi10 September 2021AY 2010-114 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 noted that the assessee had opted for the Vivad Se Vishwas Scheme (VSVS) and had been issued Form-3. Consequently, the appeal was rendered infructuous.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) concerning assessment year 2010-11. The appeal raised grounds related to the reopening of assessment and confirmation of an addition on account of cash deposits.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee's participation in the Vivad Se Vishwas Scheme, rendering the appeal infructuous.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

(A) This appeal by Assessee is filed against the order of Commissioner of Income Tax (Appeal)-, Karnal, dated 05.02.2019 for Assessment Year 2010-11. Grounds taken in this appeal of Assessee are as under:

“1. That having regard to the facts and circumstances of the case, assumption of jurisdiction in reopening the impugned assessment and passing the impugned order u/s 144/147, is bad in law and against the facts and circumstances of the case and more so when statutory condition as stipulated Page 1 of 4 ITA No.- 3179/Del/2019. Parvesh Rani. u/s 147 to 151 have not been complied with.

2.

That in any case and in any view of the matter, assumption of jurisdiction in reopening the assessment u/s 147, is bad in law and against the facts and circumstances of the case.

3.

That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the addition of Rs.9,00,000/- out of total addition of Rs.48,00,000/- made by Ld. AO on account of cash deposits in the bank account and that too by recording incorrect facts and findings and without providing opportunity of cross examination and in violation of principles of natural justice.

4.

That in any case and in view of the matter, action of Ld. CIT(A) in sustaining the addition of Rs.9,00,000/- (out of Rs.48,00,000/-) on account of cash deposits, is bad in law and against the facts and circumstances of the case.

5.

That the appellant craves for leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other.”

(B) At the time of hearing, the learned Counsel for the Assessee informed us that the assessee has opted for Vivad Se Vishwas Scheme, 2020 (“VSVS”, for short) and that Form-3 has already been issued. He drew our attention to E-mailed letter dated 26.08.2021 from assessee’s side sent to Income Tax Appellate Tribunal (“ITAT”, for short) giving intimation of the same. He also drew our attention to Form- 3 dated 20/10/2020 issued by Designated Authority under VSVS, copy whereof was also e-mailed from the assessee’s side alongwith the aforesaid letter dated 26/08/2021. In view of this, the learned Counsel submitted before us that this appeal may be considered as withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS and this appeal is treated as withdrawn on account of the aforesaid VSVS. In view of the ITA No.- 3179/Del/2019. Parvesh Rani. foregoing, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed.

(B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the disputes under this appeal before us are not settled under the aforesaid VSVS, then the assessee will be at liberty to approach ITAT for restoration of this appeal, in accordance with law.

(C) In the result, this appeal is dismissed.

This order was orally pronounced on 09th September, 2021 in Open Court, in the presence of Ld. Counsel of the Assessee, after conclusion of the hearing. Now this order in writing is signed today on 10/09/2021.

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