CARRIER AIRCONDITIONING AND REFRIGERATION LTD.,GURGAON vs. DCIT, CIRCLE-1(1), GURGAON

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ITA 8250/DEL/2018Status: DisposedITAT Delhi04 August 2021AY 2014-153 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The Tribunal dismissed the appeals as withdrawn, acknowledging the assessee's participation in the VSV Scheme. It also provided a condition for reinstitution of appeals if the dispute is not resolved under the scheme.

What were the facts?

The assessee opted for the Vivad Se Vishwas (VSV) Scheme and filed the necessary declarations and undertakings. A certificate was issued, but the assessee sought rectification due to mistakes in it.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.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

Before: SH. ANIL CHATURVEDI & SH. K. NARASIMHA CHARY

For Appellant: Shri Nageswar Rao, Adv, Ms. Sherry Goyal, Adv
For Respondent: Shri Surender Pal, CIT-D.R
Hearing: 04.08.2021Pronounced: 04.08.2021

ORDER PER BENCH : Both the appeals filed by the assessee are directed against the order dated 30.10.2017 of the Deputy Commissioner of Income Tax, New Delhi and dated 26.06.2009 of the Additional Director of Income Tax, New Delhi relating to Assessment Years 2014-15 & 2006-07.

2.

Before us, Learned AR submitted that assessee has moved an application wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration

1.

2 (Form-1) and undertaking (Form-2) Scheme and Designated Authority has also issued certificate in Form-3 but due to certain mistakes in it, assessee has sought for rectification. He therefore submitted that in such a situation the matter be decided accordingly.

3.

Learned DR did not controvert the submissions made by Learned AR.

4.

We have heard both the parties. After considering the submissions of Learned AR that the assessee had opted for Vivad Se Vishwas Scheme and Form – 3 was also issued to it, we dismiss the appeals of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years are not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. With these directions the appeals of the assessee are dismissed as withdrawn.

5.

In the result, both the appeals of the assessee are dismissed.

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