SAROJ SINGHANIA,NEW DELHI vs. PRCIT-10, NEW DELHI

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ITA 2912/DEL/2018Status: DisposedITAT Delhi10 August 2021AY 2014-154 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The tribunal treated the appeal as withdrawn by the assessee due to the Vivad Se Vishwas Act. Consequently, the appeal was dismissed.

What were the facts?

The assessee filed an appeal against an order passed by the Pr. Commissioner of Income Tax under Section 263. The assessee later informed the tribunal that they had opted for the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the Pr. CIT erred in initiating proceedings under Section 263 and cancelling the assessment order. The primary issue became the withdrawal of the appeal due to the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

(A) This appeal by Assessee is filed against the order of Learned Pr. Commissioner of Income Tax, Delhi-10, [“Ld. Pr. CIT”, for short], dated 29.03.2018 for Assessment Year 2014-15. Grounds taken in this appeal of Assessee are as under:

“1. On the facts and circumstances of case and in law, the Pr. Commissioner of Income Tax (hereinafter referred to as the Pr. CIT) erred in initiating proceedings under Section 263 of Income Tax Act, 1961 (Act) by wrongly assuming jurisdiction under section 263 of the Act and hence, the order passed by the Pr. CIT under section 263 of Act is without jurisdiction, bad in law and void ab-initio.

2.

On the facts and circumstances of the case and in law, the Pr. CIT erred in cancelling the assessment and has also erred in holding that the original assessment order passed by the Assessing Officer under Section 143(3) of Act was erroneous and prejudicial to the interest of the Revenue.

3.

On the facts and circumstances of the case and in law, the directions issued by the Pr. CIT under section 263 of Act are erroneous, vague, ambiguous and untenable Page 1 of 4 ITA No.-2912/Del/2018 Saroj Singhania and, therefore the order u/s 263 of the Act passed by the Pr. CIT is liable to be quashed.

4.

On the facts and circumstances of case and in law, the Pr. CIT erred in invoking the provisions of section 263 of the Act, and thereby directing the Assessing Officer to examine the issue afresh relating to alleged penny stock. The appellant craves leave to add one or more ground of appeal or to alter/ modify the existing ground before or at the time of hearing of appeal. The above grounds of appeal are without prejudice to each other.”

(B) At the time of hearing before us, the Ld. Authorized Representative (“Ld. AR”, for short) for assessee informed that the assessee wanted to withdraw the appeal because the assessee had gone into the Direct Tax Vivad Se Vishwas Act, 2020 (“VSVS”, for short). Our attention was also drawn to letter filed by the assessee’s side in this regard. The Ld. AR for assessee, as well as the learned Commissioner of Income Tax (Departmental Representative) (“Ld. (CIT) DR”, for short) submitted before us that this appeal may be treated as withdrawn and may be dismissed on account of the Vivad Se Vishwas Act, 2020. After due consideration, in view of the foregoing; and as both sides have agreed to this; we treat this appeal as withdrawn in view of the aforesaid. on account of the aforesaid VSVS. Accordingly, this appeal is dismissed, subject to settlement of the disputes in the appeals, under the aforesaid VSVS.

(B.2) 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.

ITA No.-2912/Del/2018 Saroj Singhania (B.3) With these directions, the aforesaid appeal of the assessee is dismissed, being treated as withdrawn.

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

These orders were already pronounced on 9th August, 2021 in Open Court, in the presence of Representatives of both sides; after conclusion of the hearings.

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