AKZO NOBEL INDIA LTD. BEING AMALGAMATED COMPANY,KOLKATA vs. DCIT, NEW DELHI

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ITA 1551/DEL/2016Status: DisposedITAT Delhi17 August 2021AY 2011-123 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against an assessment order for AY 2011-12. The assessee subsequently applied to resolve the pending issue under the Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: MS SUCHITRA KAMBLE & DR. B. R. R. KUMAR

Hearing: 17.08.2021Pronounced: 17.08.2021

ORDER PER SUCHITRA KAMBLE, JM

This appeal is filed by the assessee against the assessment order dated 27.01.2016 passed by Dy. Commissioner of Income Tax Circle 2(1), New Delhi i.e. Assessing Officer for assessment year 2011-12.

2.

Before us, the Ld. AR submitted that the assessee has moved an application dated 16.08.2021 to resolve the pending issue through Direct Tax “Vivad se Vishwas Scheme” (VSV) Act, 2020, and has filed Declaration Form No. 1 & 2 and received Form No. 3 dated 19/04/2021.

3.

In view of the aforesaid facts and after considering the submissions of the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 the same. The appeal of the assessee is dismissed as withdrawn.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced in the Open Court on this 17th Day of August, 2021 in presence of both the parties.

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