K L RATHI STEELS LTD.,DELHI vs. ITO, NEW DELHI

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ITA 1668/DEL/2017Status: DisposedITAT Delhi22 July 2021AY 2013-142 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The Tribunal dismissed the appeal as withdrawn based on the assessee's opting for the Vivad Se Vishwas scheme. The assessee can seek reinstitution if the dispute is not resolved under the scheme.

What were the facts?

The assessee filed an appeal against the CIT(A) order. The assessee later opted for the Vivad Se Vishwas scheme and filed the necessary declarations.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.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

For Respondent: Shri Kumar Pranav, Sr. D.R
Hearing: 22.07.2021Pronounced: 22.07.2021

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) (Assessment Year : 2013-14) K L Rathi Steels Ltd. Vs. ITO No.1/5812, Loni Road, Ward – 14(1), Shahdara, Delhi - 110032 C. R. Building New Delhi - 110002 PAN : AAACK 1141 M (APPELLANT) (RESPONDENT) Assessee by --None-- Revenue by Shri Kumar Pranav, Sr. D.R. Date of hearing: 22.07.2021 Date of Pronouncement: 22.07.2021 ORDER PER ANIL CHATURVEDI, AM:

This appeal filed by the assessee is directed against the order dated 13.02.2017 of the Commissioner of Income Tax (Appeals)-5, Delhi relating to Assessment Year 2013-14.

2.

Before us, assessee has moved an application dated 19.07.2021 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form- 1) and undertaking (Form-2) Scheme and department had issued

2 Form-5. The assessee therefore seeks to withdraw the appeal, to which the Revenue has no objection.

3.

After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 such application appropriately as per law. With these directions the appeal of the assessee is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed. 4.

Order pronounced in the open court on 22.07.2021, immediately after conclusion of the hearing of the matter in virtual mode.

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