NEERU ASHISH GARG,NEW DELHI vs. ITO WARD - 70(5), NEW DELHI

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ITA 9614/DEL/2019Status: DisposedITAT Delhi12 March 2021AY 2015-163 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 acknowledged the assessee's request for withdrawal under the Vivad Se Vishwas Act. The appeal was consigned to records and treated as dismissed, subject to the condition that it could be reinstituted if the dispute was not resolved under the Act.

What were the facts?

The assessee requested withdrawal of the appeal before the ITAT. This was due to opting to settle tax arrears under the Vivad Se Vishwas Act, 2020. The Revenue had no objection to the withdrawal.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for a settlement scheme. The Tribunal had to decide on the procedure for such withdrawal and its implications.

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 K.N. CHARY

For Respondent: Shri M. Barnwal, Sr. DR
Hearing: 12.03.2021Pronounced: 12.03.2021

PER G.S. PANNU, VICE PRESIDENT

1.

This appeal by the assessee is directed against the order of learned Commissioner of Income Tax(A)-28, New Delhi dated 26.11.2019 and pertains to assessment year 2015-16.

2.

The learned counsel for the assessee, vide letter dated 01.03.2021, has requested for withdrawal of the appeal and stated that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under ITA 9614//Del/2019 consideration 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 12th March, 2021.

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