VERTEL INFOTEL PVT LTD,NEW DELHI vs. ITO WARD - 78(3), NEW DELHI

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ITA 6272/DEL/2019Status: DisposedITAT Delhi21 May 2021AY 2013-143 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 has consigned the appeals to records and treated them as dismissed, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee company has opted to settle tax arrears for assessment years 2013-14 and 2014-15 under the Direct Tax Vivad se Vishwas Act, 2020. The necessary declaration has been filed, and the assessee has prayed for the withdrawal of their appeals.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad se Vishwas Act, with a provision for reinstitution if the settlement fails.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

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

Hearing: 21.05.2021Pronounced: 21.05.2021

Heard together (2 matters)

I.T.A No.6272/Del/2019
I.T.A No.6273/Del/2019

Read from the judgment's own cause title. This page is filed under one of them.

ORDER PER SUDHANSHU SRIVASTAVA, JM: Both the appeals have been preferred by the assessee against the orders dated 17.05.2019 & 09.05.2019 passed by the Learned Commissioner of Income Tax (Appeals), New Delhi {CIT(A)} for Assessment Years 2013-14 & 2014-15.

2.0 Through a written communication, the Ld. Authorized Representative (AR) submits that the assessee has opted to settle the dispute relating to the tax arrears for the assessment years under consideration under The Direct Tax Vivad se Vishwas Act, 2020. It has been stated that the necessary declaration in accordance with Section 4 of The Direct Tax Vivad se Vishwas Act, 2020 has been filed by the assessee. The Ld. AR has prayed for withdrawal of the appeals.

3.0 Considering the aforesaid situation, the captioned appeals are consigned to the records and treated as dismissed.

4.0 However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years are not ultimately resolved in terms of the aforestated Act, the appellant (i.e., the assessee) shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such applications appropriately as per law. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat.

5.

In view of the aforesaid, the appeals are consigned to the records and, for statistical purposes, are treated as dismissed.

Above decision was announced on conclusion of Virtual Hearing on 21st May, 2021.

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