MANITOWOC CRANE GROUP ASIA PTE LTD.,PUNE vs. ACIT (INTERNATIONAL TAXATION), NEW DELHI

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ITA 2522/DEL/2017Status: DisposedITAT Delhi25 March 2021AY 2012-132 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The Tribunal dismissed the assessee's appeal as withdrawn. However, it granted the assessee liberty to approach the Tribunal for reinstitution of the appeal if the dispute is not resolved under the VSV scheme.

What were the facts?

The assessee sought to withdraw its appeal before the ITAT. This withdrawal was requested because the assessee had opted for the Vivad Se Vishwas (VSV) scheme and had filed the necessary declarations and undertakings.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. ANIL CHATURVEDI & SH. K. NARASIMHA CHARY

For Appellant: Ms. Shubhangi Arora, A.R
For Respondent: Dr. Prabhakant, CIT
Hearing: 25/03/2021Pronounced: 25/03/2021

ORDER

PER ANIL CHATURVEDI, AM :

1.

This appeal filed by the assessee is directed against the order of the Asstt. Commissioner of Income Tax, Circle-2(2)(1), International Taxation, New Delhi 143(3) r.w.s. 144C(13) of the Act pursuant to the direction of Dispute Resolution Panel (DRP) – 2, New Delhi order dated 07.12.2016 for Assessment Year 2012- 13.

2 2. Before us, assessee has vide email dated 11th March, 2021 seeks withdrawal of appeal as it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-1) and undertaking (Form-2) Scheme and department had issued Form- 3. The assessee therefore seeks to withdraw the appeal, to which the Revenue has no objection.

3.

After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, 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. With these directions, appeal of the assessee is dismissed as withdrawn.

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