DCIT (EXEMPTION), CIRCLE-1(1), NEW DELHI vs. INDIAN MEDICAL ASSOCIATION, NEW DELHI

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ITA 7674/DEL/2018Status: DisposedITAT Delhi15 April 2021AY 2015-162 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's request for dismissal of the appeal. The assessee had opted for settlement under the Vivad Se Vishwas Scheme, and a certificate to this effect was filed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2015-16. The assessee requested the dismissal of the appeal as they opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed in light of the assessee opting for settlement under the Vivad Se Vishwas Scheme.

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 BENCH ‘C’: NEW DELHI

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

For Respondent: Ms. Soumya Jain, CA
Hearing: 15.04.2021Pronounced: 15.04.2021

ORDER PER G.S. PANNU, VP :

This appeal by the revenue for the assessment year 2015-16 is directed against the order of learned CIT(A)-40, New Delhi, dated 06.09.2018.

2.

The assessee authorized signatory vide its letter dated 24.03.2021, received by email, has requested for dismissal of the appeal filed by Revenue and stated that the assessee has opted to settle the dispute relating to the 2 ITA-7674/Del/2018 tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed. It is seen as per the Form no. 3 issued (dated 26/02/2021) that there is a refund due to the applicant.

3.

Learned Senior DR has no objection.

4.

In view of the above, we accept the request of the assessee for dismissal of the captioned appeal.

5.

In the result, the appeal of the Revenue is dismissed.

Above decision was announced on conclusion of Virtual Hearing on 15th March, 2021 in presence of both the parties.

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