ACIT, CIRCLE- 4(2), NEW DELHI vs. BHARTI HEXACOM LTD., NEW DELHI

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ITA 497/DEL/2018Status: DisposedITAT Delhi28 July 2021AY 2010-112 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeal. The Revenue reserves the right to approach the court if any objection arises in the assessee making payment subsequent to the scheme's processing.

What were the facts?

The Revenue filed an appeal against the assessee for the assessment year 2010-11. The assessee requested the appeal be treated as withdrawn as they opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the Revenue's appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’ NEW DLEHI

Before: SHRI N.K. BILLAIYA & SHRI K. NARASIMHA CHARY

Hearing: 28/07/2021

PER K. NARASIMHA CHARY, J.M. This appeal by the Revenue for the assessment year 2010-11 is directed against the order of Ld. Commissioner of Income-tax (Appeals)-II, New Delhi dated 01.09.2017.

2.

None is present on behalf of the assessee. However, the assessee vide application dated 21.07.2021 has requested that the present appeal of Revenue should be treated as withdrawn, as the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020”. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.

3.

Learned DR, on the other hand, submits that the standing instructions are that it is only if the assessee makes payment subsequent to the processing of the case under Vivad Se Vishwas Scheme,2020, the Revenue will seek withdrawal of the case. In view of this, we make it clear that in case any objection arises in assessee making payment subsequent to processing of case under Vivad Se Vishwas Scheme,2020, the Revenue shall be at liberty to approach the Court.

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeal.

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