What did the Tribunal hold?

The Tribunal dismissed the assessee's appeal, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Scheme, the assessee can seek reinstitution of the appeal.

The assessee filed an appeal against an order of the CIT(A). The assessee later filed an application to resolve the pending issue through the Vivad se Vishwas Scheme.

What were the issues?

The primary issue was the assessee's intention to resolve the tax dispute under the Vivad se Vishwas Scheme.

Nitin Jain, New Delhi vs ITO | ITAT Delhi 2021

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC-2’ NEW DELHI

Before: SHRI N. K. BILLAIYA & MS SUCHITRA KAMBLE

Hearing: 25.03.2021

ORDER

PER SUCHITRA KAMBLE, JM

This appeal is filed by the assessee against order dated 26.06.2019 passed by CIT(A) 16, New Delhi for assessment year 2010-11.

Before us, the Ld. ITO appeared and submitted that the assessee has moved an application dated 08.09.2020 thereby stating that the assessee is interested to resolve the pending issue through Direct Tax “ Vivad se Vishwas Scheme” (VSVS) Act, 2020, and has filed Declaration Form No. 1 & 2 and Form No. 3 is awaited.

In view of the aforesaid facts and after considering the submissions of the assessee, we dismiss the appeal of assessee 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 the same. The appeal of the assessee is dismissed.

In the result, appeal of the assessee is dismissed.

NITIN JAIN,NEW DELHI vs. ITO WARD - 47(3), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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