JCIT, SPECIAL RANGE-1, NEW DELHI vs. ADM AGRO INDS. INDIA P.LTD, NEW DELHI

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ITA 5738/DEL/2017Status: DisposedITAT Delhi25 March 2021AY 2013-142 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 assessee had opted for settlement under the Vivad Se Vishwas Act. Therefore, the appeal was considered infructuous.

What were the facts?

The Revenue filed an appeal for assessment year 2013-14. The assessee informed the Tribunal that they had opted to settle the dispute under the Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as infructuous due to the assessee opting for settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

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

For Appellant: Ms. Ananya Kapoor, Advocate
For Respondent: Shri M. Baranwal, Senior DR

PER G.S. PANNU PER G.S. PANNU, , , , VP PER G.S. PANNU PER G.S. PANNU VP VP : VP This appeal by the Revenue for the assessment year 2013-14 is directed against the order of learned CIT(A)-32, New Delhi dated 27th June, 2017.

1.

The assessee, vide letter dated 5th March, 2021, has intimated 2. the Tribunal that it has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) and requested for dismissal of the appeal of the Revenue.

2 ITA-5738/Del/2017

3.

Considering the aforesaid situation, the captioned appeal is consigned to records and treated as dismissed, as having become infructuous.

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 parties shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law.

5.

In view of the aforesaid, the appeal is consigned to record and, for statistical purposes, is treated as dismissed.

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

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