PRASHANT KAPILA,NEW DELHI vs. DCIT, CIRCLE-12(2), NEW DELHI

PDF · subscribers
ITA 7187/DEL/2018Status: DisposedITAT Delhi25 March 2021AY 2014-153 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 noted the assessee's decision to settle the dispute under the Vivad Se Vishwas Act and treated the appeal as dismissed. However, it allowed the assessee to approach the Tribunal for reinstitution if the dispute is not resolved under the Act.

What were the facts?

The assessee had filed an appeal before the ITAT. Subsequently, the assessee opted to settle the tax dispute under the Vivad Se Vishwas Act, 2020, and requested withdrawal of the appeal.

What were the issues?

Whether the appeal should be dismissed due to the assessee opting for settlement under the Vivad Se Vishwas Act, with a provision for reinstitution.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

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 Respondent: Shri M. Barnwal, Sr. DR
Hearing: 25.03.2021Pronounced: 25.03.2021

PER G.S. PANNU, VICE PRESIDENT

1.

This appeal by the assessee is directed against the order of learned Commissioner of Income Tax(A)-22, New Delhi dated 28.08.2018 and pertains to assessment year 2014-15.

The learned counsel for the assessee, vide letter dated 19th February, 2. 2021, has intimated the Tribunal that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration ITA 7187/Del/2018 under the Vivad Se Vishwas Act, 2020 (in short ‘the Act' ) and requested for withdrawal of the said appeal.

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 announced on conclusion of Virtual Hearing on 25th March, 2021.

Recent GST High Court judgments

Search GST case law →