DCIT, NEW DELHI vs. M/S. TIGER SONS GLASS INDUSTRIES PVT. LTD., 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 noted that the assessee had received Form No. 3 under the Vivad Se Vishwas Act. Consequently, the appeal was deemed to be withdrawn as per Section 4(2) of the Act.
What were the facts?
The Revenue filed an appeal against the assessee's assessment order. The assessee subsequently settled the matter under the Vivad Se Vishwas Scheme, 2020.
What were the issues?
Whether an appeal pending before the ITAT is deemed to be withdrawn upon the assessee opting for and receiving certification under the Vivad Se Vishwas Act, 2020.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘G’ NEW DELHI
Before: SHRI O.P. KANT & SHRI KULDIP SINGH
ORDER PER O.P. KANT, AM:
This appeal by the Revenue is directed against order dated 09.01.2017 passed by learned Commissioner of Income Tax (Appeals)-13, New Delhi, for assessment year 2012-13. 2. The learned counsel for the assessee, at the outset, stated that the assessee has settled the matter under the “Vivad Se Vishwas Scheme, 2020” and Form no. 3 has also been received by the assessee. He, therefore, seeks permission to treat the appeal as deemed to be withdrawn under the provisions of Direct Tax Vivad Se Vishwas Act, 2020.
We have heard learned Representative of both the parties through Video Conferencing and have perused Form No. 3 issued by Income-tax Department with reference to present appeal. For ready reference, Section 4(2) of the Direct Tax Vivad Se Vishwas Act (supra) reads as under: “4. (1) ………………………. (2) Upon the filing the declaration, any appeal pending before the Income-tax Appellate Tribunal or Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have been withdrawn from the date on which certificate under sub-section (1) of section 5 is issued by the designated authority.”
In view of the above, as the Form No. 3 has been issued in the case of the assessee, the appeal of the Revenue is deemed to be withdrawn. Hence, the appeal is dismissed as withdrawn. Order pronounced in the open court.
More judgments on Section 4(2)
- M/S. Gladiator Commodities Pvt. Ltd… vs DCIT, Central Circle-4(1), Kolkata, IndiaITA 1050/KOL/2026[2012-13]Status: Disposed2 Sept 2026AY 2012-13
- Bajrang Singh Rajawat, Jaipur vs ITO Ward-7(2), JaipurITA 1120/JPR/2025[2014-15]Status: Disposed30 Jul 2026AY 2014-15
- Smt. Reeta Dubey, Jaunpur vs Income Tax Officer - II, JaunpurITA 128/VNS/2025[2012-2013]Status: Disposed23 Jul 2026AY 2012-2013
- Ashwani Sood, Patiala vs Income Tax Officer, Ward - Nabha, NabhaITA 801/CHANDI/2025[2009-10]Status: Disposed16 Apr 2026AY 2009-10
- Rasar Biogenetics, Hyderabad vs ITO., Ward-10(1), HyderabadITA 1266/HYD/2025[2016-2017]Status: Disposed7 Jan 2026AY 2016-2017
Recent GST High Court judgments
Search GST case law →- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026
- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026