RAM PRAKASH CONSTRUCTION (P) LTD.,NEW DELHI vs. ITO, NEW DELHI

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ITA 2689/DEL/2011Status: DisposedITAT Delhi10 June 2021AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's request to withdraw their appeal and dismiss the Revenue's appeal. The Revenue's appeal was considered infructuous in light of the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee requested withdrawal of their appeal and dismissal of the Revenue's appeal for AY 2008-09. This was due to opting for settlement under the "Vivad Se Vishwas Scheme, 2020". A certificate under Section 5(1) of the Act was provided.

What were the issues?

Whether the appeals should be dismissed due to the assessee opting for settlement under the Vivad Se Vishwas Scheme. The primary issue is the procedural consequence of availing the Vivad Se Vishwas Scheme on pending appeals.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “F” BENCH: NEW DELHI

Before: SHRI KUL BHARAT & SHRI O.P.KANT

Hearing: 10.06.2021Pronounced: 10.06.2021

PER KUL BHARAT, JM : These appeals by the assessee and the Revenue for the assessment year 2008-09 are directed against the orders of learned CIT(A)-XVIII, New Delhi both dated 28.03.2011.

2.

The assessee, vide his letter dated NIL has requested for withdrawal of the appeal filed by him for Assessment Year 2008-09 and also requested for dismissal of appeal filed by the Revenue for the same Assessment Year i.e. 2008-09 and stated that the assessee has opted to settle the dispute relating to the tax arrear for the assessment year 2008- 09 under consideration under the “Vivad Se Vishwas Scheme, 2020”. A 2 certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed in both the appeals for Assessment Year 2008-09.

3.

Learned Senior DR has no objection.

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeal filed by the assessee and dismissal of appeal filed by the Revenue having been infructuous.

5.

In the result, both the appeals filed by the assessee as well as the Revenue are dismissed.

1.

Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 10th June, 2021.

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