ADDL. CIT, NEW DELHI vs. M/S. ORACLE INDIA PVT. LTD., NEW DELHI

PDF · subscribers
ITA 1822/DEL/2017Status: DisposedITAT Delhi25 March 2021AY 2004-054 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the Assessee's request. The Revenue's appeal was dismissed as infructuous, and the Assessee's appeal was dismissed as withdrawn.

What were the facts?

The Revenue and the Assessee filed cross-appeals for assessment year 2004-05. The Assessee requested withdrawal of its appeal and dismissal of the Revenue's appeal, having opted to settle the dispute under the Vivad Se Vishwas Scheme.

What were the issues?

The primary issue was the resolution of the tax dispute under the Vivad Se Vishwas Scheme, leading to the withdrawal and dismissal of appeals.

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 ‘A’ : NEW DELHI

Before: SHRI G.S. PANNU & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Adv. & Sh. Pulkit
For Respondent: DR. Assessee by :, Adv. & Sh. Pulkit
Hearing: 25.03.2021Pronounced: 25.03.2021

the assessment year 2004-05 are directed against the order of learned CIT(A)-7, New Delhi.

2.

The Assessee’s A.R. vide his letter dated 21.03.2021 has requested for withdrawal of the appeal filed by the assessee and dismissal of the appeal filed by the revenue and also stated that 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. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.

3.

Learned Senior DR has no objection.

4.

In view of the above, we accept the request of the assessee’s A.R. for dismissal of the Revenue’s appeal and also accept the request for withdrawal of the appeal filed by the Assessee for the same assessment year i.e. 2004-05.

5.

In the result, the appeal filed by the Revenue is dismissed having become infructuous and Assessee’s appeal is dismissed as withdrawn.

Above decision was pronounced in the presence of both the parties on conclusion of Virtual Hearing on 25th March, 2021.

More judgments on Section 5(1)

All 1,811 judgments and leading authorities on Section 5(1) →

Recent GST High Court judgments

Search GST case law →