ACIT, CIRCLE-40(1), NEW DELHI vs. ELKAY OVERSEAS INDIA, NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal accepted the assessee's request for dismissal of the Revenue's appeal. The appeal was dismissed as it had become infructuous due to the settlement under the Vivad Se Vishwas Scheme.
What were the facts?
The Revenue filed an appeal for the assessment year 2015-16. The assessee requested the dismissal of the appeal as they had opted for the Vivad Se Vishwas Scheme, 2020.
What were the issues?
Whether the Revenue's appeal should be dismissed as infructuous due to the assessee settling the dispute under the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’ : NEW DELHI
Before: SHRI G.S. PANNU & SHRI KUL BHARAT
This appeal by the Revenue for the assessment year 2015-16 is directed against the order of learned CIT(A)-14, New Delhi.
None appeared on behalf of the Assessee before us at the time of virtual hearing. However, the Assessee’s A.R. vide letter dated 24.06.2021 has requested for dismissal of the appeal filed by the Revenue and stated 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 the Ld. PCIT-15, Delhi has now issued an order in Form 5 for full and final settlement of tax arrears under section 5(2) read with Section 6 of the Direct Tax Vivad Se Vishwas Act, 2020, a copy thereof has been filed.
Learned Senior DR has no objection.
In view of the above, we accept the request of the assessee’s A.R. for dismissal of the Revenue’s appeal.
In the result, the appeal filed by the Revenue is dismissed having become infructuous.
Above decision was pronounced at the conclusion of Virtual Hearing on 16th July, 2021.
More judgments on Section 5(2)
- Dy. Commissioner of Income-Tax, Jaipur vs Kavita Khanwani, BeawarITA 867/JPR/2025[2018-19]Status: Disposed22 Sept 2026AY 2018-19
- ACIT Circle-3(1)(1), International… vs Toyota Tsusho Corporation, GurgaonITA 1908/DEL/2020[2015-16]Status: Disposed21 Sept 2026AY 2015-16
- Toyota Tsusho Corporation, Gurgaon vs DCIT Circle-3(1)(1) International Taxation…ITA 1514/DEL/2020[2016-17]Status: Disposed21 Sept 2026AY 2016-17
- Toyota Tsusho Corporation, Gurgaon vs DCIT Circle 3(1)(1) International Taxation…ITA 1513/DEL/2020[2015-16]Status: Disposed21 Sept 2026AY 2015-16
- DCIT Circle-3(1)(1) International Taxation… vs Toyota Tsusho Corporation, GurgaonITA 1508/DEL/2020[2016-17]Status: Disposed21 Sept 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- Vandemataram Projects Private Limited vs. Raipur Development AuthorityChhattisgarh · 27 Oct 2026
- M/S Surya Prakash Aroma vs. State Of Uttar Pradesh And 2 OthersAllahabad · 27 Oct 2026
- Mrs. Aqsa Begum vs. Union Of INDIATelangana · 27 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026
- M/S. V J Petro Products vs. The Deputy Assistant Commissioner (St) - IiiAndhra Pradesh · 27 Oct 2026