BSM DEVELOPERS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 2945/DEL/2017Status: DisposedITAT Delhi23 June 2021AY 2012-132 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 noted that the assessee had opted for the Vivad Se Vishwas Scheme and had filed the necessary forms. Consequently, the appeal was dismissed with liberty to restore it if the dispute was not settled under the scheme.

What were the facts?

The assessee filed an appeal against an order for AY 2012-13. The assessee did not appear for the hearing but submitted that they had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be dismissed in light of the assessee opting for the Vivad Se Vishwas Scheme for dispute resolution.

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.K. BILLAIYA & SHRI KULDIP SINGH

For Respondent: Shri Satpal Gulati, CIT DR
Hearing: 23.06.2021

PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, M/s. BSM Developers Pvt. Ltd. (hereinafter referred to as ‘the assessee’), by filing the present appeal, sought to set aside the impugned order dated 09.02.2017 passed by Ld. CIT(A)-35, New Delhi qua the assessment year 2012-13.

2.

None present on behalf of the assessee. However, an application has been filed by the assessee 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.

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 23rd day of June, 2021 after the conclusion of the virtual hearing.

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