ITO, WARD-8(3), NEW DELHI vs. ESPIRE ENTERPRISES AND EXIM P. LTD, NEW DELHI

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ITA 5217/DEL/2018Status: DisposedITAT Delhi26 July 2021AY 2009-102 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 dismissed the appeal as the assessee had opted for settlement under the Vivad Se Vishwas Scheme. The dismissal was with liberty to restore the appeal if the dispute was not settled as per the scheme.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2009-10. The assessee had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be dismissed due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’ : NEW DELHI

Before: SHRI ANIL CHATURVEDI & SHRI KULDIP SINGH

For Appellant: Shri Divyansh Jain, AR
For Respondent: Ms. Nidhi Srivastava, CIT DR
Hearing: 26.07.2021

PER KULDIP SINGH, JUDICIAL MEMBER :

1.

Appellant, ITO, Ward 8 (3), New Delhi (hereinafter referred to as ‘the Revenue’), by filing the present appeal, sought to set aside the impugned order dated 23.05.2018 passed by Ld. Commissioner of Income-tax (Appeals)-3, New Delhi qua the assessment year 2009-10.

2.

Ld. Counsel for the assessee filed an application stating that 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” and has filed necessary Forms 1 & 2 with the Tax Department, which was accepted and processed vide Form 3 issued by the Tax Department. A copy of Form 3 is also placed on record.

3.

Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored by the assessee in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, the present appeal is dismissed. Order pronounced in open court on this 26th day of July, 2021 after the conclusion of the virtual hearing.

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