M/S. NATIONAL TEXTILE CORPORATION LTD.,NEW DELHI vs. ITO, NEW DELHI

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ITA 4053/DEL/2014Status: DisposedITAT Delhi18 May 2021AY 2001-023 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 opted for settlement under the Vivad Se Vishwas Act and Form-3 was issued. Therefore, the appeal was treated as withdrawn.

What were the facts?

The assessee filed an appeal for assessment year 2001-02. During the hearing, the assessee submitted a letter stating they had filed a declaration under the Direct Taxes Vivad Se Vishwas Act, 2020, and Form-3 was issued.

What were the issues?

Whether an appeal can be withdrawn when the assessee has opted for settlement under the Vivad Se Vishwas Act and a Form-3 has been issued.

Which sections of the Income-tax Act were involved?

THE DIRECT TAXES VIVAD SE VISHWAS ACT 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH “E”: NEW DELHI ]

Before: SHRI AMIT SHUKLASHRI PRASHANT MAHARISHI

For Appellant: Ms. Umang Luthra, Adv.;
For Respondent: Shri S. S. Negi, Sr. DR;
Hearing: 7/04/2021Pronounced: 18/05/2021
1.

This appeal is filed by National Textile Corporation Ltd, assessee for assessment year 2001 – 02 against the order of The Commissioner of Income Tax (Appeals) –XVII, New Delhi dated 11 April 2014.

2.

At the time of hearing of the above appeal the counsel of the assessee submitted a letter dated 3 April 2021 wherein it is submitted that assessee has already filed the declarations Under THE DIRECT TAXES VIVAD SE VIVAD Se VISHWAS ACT 2020 in the impugned appeal and Form -3 has already been issued by The Principal Commissioner Of Income Tax, Delhi – 4 on 10th of February 2021 and therefore the appeal of the assessee may be treated as withdrawn.

3.

The learned departmental representative did not raise any objection.

4.

On careful consideration of the application of the assessee It is noted that assessee has opted for settlement of the impugned dispute involved in the appeal by filing declaration Under THE DIRECT TAXES VIVAD SE VIVAD Se VISHWAS ACT 2020. Pursuant to that form – 3 has already been issued to the assessee by The Principal Commissioner Of Income Tax, Delhi – 4 on 10th of February 2021. In view of the above facts the appeal of the assessee is treated as withdrawn and hence dismissed.

5.

In the result the appeal of the assessee is treated as withdrawn and hence dismissed.

Order pronounced in the open court on : 18.05.2021.

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