DCIT, CIRCLE-10(1), NEW DELHI vs. GATES INDIA P.LTD, NEW DELHI

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ITA 4960/DEL/2017Status: DisposedITAT Delhi31 March 2021AY 2013-143 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 noted that the appeal had become infructuous due to the settlement under the Vivad se Vishwas Scheme. The Revenue's counsel had no objection to this submission.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2013-2014. The assessee submitted that the matter was settled under the Vivad se Vishwas Scheme, and Form No. 5 was issued in their favor.

What were the issues?

Whether the departmental appeal is infructuous due to settlement under the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “C” : DELHI

Before: SHRI BHAVNESH SAINI & SHRI N.K. BILLAIYA

Hearing: 31.03.2021Pronounced: 31.03.2021

ORDER PER BHAVNESH SAINI, J.M. This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-4, New Delhi, Dated 11.05.2017, for the A.Y. 2013-2014.

2.

Learned Counsel for the Assessee at the outset submitted that assessee has opted to settle the matter in Departmental Appeal in VIVAD SE VISHWAS SCHEME

2 ITA.No.4960/Del./2017 M/s. Gates India Pvt. Ltd., New Delhi. 2020 and Form No.5 Dated 08.12.2020 have also been issued in favour of the assessee. Copy of the same is placed on record. He has, therefore, submitted that Departmental Appeal has now become infructuous.

3.

The Ld. D.R. has no objection to the same.

4.

Considering the above, it is clear that since Departmental Appeal is settled in VIVAD SE VISHWAS SCHEME, 2020 and tax have been paid by assessee and Form No.5 have already been issued in favour of the assessee, therefore, the Departmental Appeal has become infructuous. The same is accordingly disposed of.

5.

In the result, Departmental Appeal disposed of.

Order pronounced in the open Court.

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