What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeal. The appeal was dismissed as withdrawn in view of the settlement under the Vivad Se Vishwas Scheme.

The assessee filed an appeal for the assessment year 2010-11. The assessee subsequently requested to withdraw the appeal as they had opted to settle the tax arrears under the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the Vivad Se Vishwas Scheme. The primary issue is the procedural consequence of opting for a settlement scheme on an ongoing appeal.

Seth Management and Financial… vs ITO | ITAT Delhi 2021

Income Tax Appellate Tribunal, DELHI “SMC-1” BENCH: NEW DELHI

Before: SHRI KUL BHARAT

For Appellant: Ms. Neelam Seth, Director

Hearing: 08.04.2021Pronounced: 08.04.2021

ORDER PER KUL BHARAT, JM :

This appeal filed by the assessee for the assessment year 2010-11 is directed against the order of learned CIT(A)-XXV, New Delhi dated 27.12.2019.

The assessee, vide its letter dated 05.04.2021, received through email, has requested for withdrawal of the appeal filed by her and stated that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020”. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.

Learned Senior DR has no objection.

In view of the above, I accept the request of the assessee for withdrawal of the appeal.

In the result, the appeal of the assessee is dismissed as withdrawn.

Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 08th April, 2021.

SETH MANAGEMENT AND FINANCIAL SERVICES PVT. LTD.,NEW DELHI vs. ITO, WARD-23(1), 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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