ARCONIC OF INDIA PVT. LTD.,NEW DELHI vs. ITO, WARD- 1(1), NEW DELHI

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ITA 6581/DEL/2017Status: DisposedITAT Delhi20 April 2021AY 2010-112 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 acknowledged the assessee's decision to settle the dispute under the Vivad Se Vishwas Scheme. The appeal was consigned to records and treated as dismissed, with a caveat for reinstitution if the settlement is not finalized.

What were the facts?

The assessee filed an appeal for the assessment year 2010-11. Subsequently, the assessee requested the withdrawal of the appeal as they opted to settle the tax dispute under the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for a settlement scheme. The Tribunal had to decide how to proceed with the pending appeal in light of this development.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “I-1” BENCH: NEW DELHI

Before: SHRI KUL BHARAT & DR. B.R.R.KUMAR

Hearing: 20.04.2021Pronounced: 20.04.2021

ORDER PER KUL BHARAT, JM :

This appeal filed by the assessee for the assessment year 2010-11 is directed against the order of learned CIT(A)-42, New Delhi dated 25.08.2017.

2.

The assessee, vide its letter dated 24.02.2021 received through email, has requested for withdrawal of the appeal filed by him and stated 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 Scheme, 2020”.

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 aforestated 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.

Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 20th April, 2021.

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