M/S. SHRI BANKEY BIHARI EDUCATIONAL TRUST PALWAL,FARIDABAD vs. DCIT, FARIDABAD

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ITA 750/DEL/2017Status: DisposedITAT Delhi15 April 2021AY 2006-072 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 the assessee's intention to settle the dispute under the Vivad Se Vishwas Act and consequently treated the appeal as dismissed. However, a caveat was added allowing for reinstitution if the settlement is not resolved.

What were the facts?

The assessee's appeal for AY 2006-07 was listed for hearing. The assessee, through their AR, informed the tribunal that they had opted to settle the tax arrears under the Vivad Se Vishwas Act, 2020, and requested withdrawal of the appeal.

What were the issues?

Whether an appeal should be dismissed when the assessee opts for settlement under the Vivad Se Vishwas Act. The procedural implications of such settlement on pending appeals.

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 BENCH ‘C’ : NEW DELHI

Before: SHRI G.S. PANNU & SHRI KUL BHARAT

Hearing: 15.04.2021Pronounced: 15.04.2021

is directed against the order of learned CIT(A)-3, Gurgaon.

2.

None appeared on behalf of the Assessee before us at the time of virtual hearing. The Ld. A.R. for the assessee, vide letter dated 15.03.2021, has intimated the Tribunal 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 Act, 2020 (in short ‘the Act’) and requested for withdrawal of the said appeal.

3.

Considering the aforesaid situation, the captioned appeal is consigned to records and treated as dismissed.

4.

However, the aforesaid is 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 appellant (i.e., 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. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat.

5.

In view of the aforesaid, the appeal is consigned to record and, for statistical purposes, is treated as dismissed.

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