FANTABULOUS TOWN PLANNERS PVT. LTD,NEW DELHI vs. ITO (TDS), FARIDABAD
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the VSV Scheme, the assessee can seek reinstitution of the appeal.
What were the facts?
The assessee opted for the Vivad Se Vishwas (VSV) Scheme and filed the necessary declarations. The department issued Form-3 under the scheme. The assessee then sought to withdraw the appeal before the ITAT.
What were the issues?
Whether the appeal should be withdrawn by the assessee due to opting for the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
ORDER
PER ANIL CHATURVEDI, AM:
This appeal filed by the assessee is directed against the order dated 31.03.2019 of the Commissioner of Income Tax (Appeals)- Faridabad pertaining to Assessment Year 2014-15.
Before us, assessee has moved an application dated 15.05.2021 wherein the assessee has stated that it has opted for 2 Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form- 1) and undertaking (Form-2) Scheme and department had issued Form-3. The assessee therefore seeks to withdraw the appeal, to which the Revenue has no objection.
After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. With these directions the appeal of the assessee is dismissed as withdrawn.
In the result, appeal of the assessee is dismissed.
Order pronounced in the open court on 11.05.2021
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