DCIT CIRCLE 5(2), NEW DELHI vs. CEDAR SUPPORT SERVICES LTD., NEW DELHI

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ITA 2600/DEL/2019Status: 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 appeal was rendered infructuous due to the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

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

What were the issues?

Whether an appeal filed by the Revenue can be dismissed if the assessee opts 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 Appellant: Shri R.K. Gupta, Sr.DR
Hearing: 15.04.2021Pronounced: 15.04.2021

This appeal by the Revenue for the assessment years 2015-16 is directed against the order of learned CIT(A)-2, New Delhi, dated 13.12.2018.

2.

None appeared on behalf of the assessee at the time of Virtual hearing before us. The assessee, vide its letter dated 16th March, 2021, has requested for dismissal of appeal filed by the Revenue and stated that it has opted to settle the dispute relating to the 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 in the appeal of the Revenue. It is seen that as per the Form No.3 dated 03.02.2021 issued by PCIT, Delhi-1, there is NIL amount payable/refundable 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 appeal filed by the Revenue having been infructuous.

5.

In the result, the appeal filed by the Revenue is dismissed.

Above decision was announced on conclusion of Virtual Hearing on 15th April, 2021.

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