INDU WADHWA,NEW DELHI vs. ITO WARD-28(3), NEW DELHI

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ITA 9439/DEL/2019Status: DisposedITAT Delhi25 March 2021AY 2015-162 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the VSV scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee sought withdrawal of their appeal before the ITAT. This was due to opting for the Vivad Se Vishwas (VSV) scheme and filing the necessary declarations and undertakings.

What were the issues?

Whether the assessee's appeal should be dismissed as withdrawn due to opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Scheme

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

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

For Respondent: Shri Rupesh Agrawal, Sr. DR
Hearing: 25/03/2021Pronounced: 25/03/2021

ORDER

PER ANIL CHATURVEDI, AM :

1.

This appeal filed by the assessee is directed against the order dated 23.09.2019 of the Commissioner of Income Tax (Appeals)- 10, New Delhi relating to Assessment Year 2015-16.

2.

Before us, assessee has vide email dated 24th 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-

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After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 With these directions, appeal of the assessee is dismissed as withdrawn.

4.

In the result, appeal of the assessee is dismissed.

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