ACIT, CIRCLE-40(1), NEW DELHI vs. ELKAY OVERSEAS INDIA, NEW DELHI

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ITA 1856/DEL/2019Status: DisposedITAT Delhi16 July 2021AY 2015-162 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 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?

Section 5(2),Section 6

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

Hearing: 16.07.2021Pronounced: 16.07.2021

This appeal by the Revenue for the assessment year 2015-16 is directed against the order of learned CIT(A)-14, New Delhi.

2.

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.

3.

Learned Senior DR has no objection.

4.

In view of the above, we accept the request of the assessee’s A.R. for dismissal of the Revenue’s appeal.

5.

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.

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