INDIAN OIL FOUNDATION,NEW DELHI vs. ITO, WARD-2(3), NEW DELHI

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ITA 7634/DEL/2017Status: DisposedITAT Delhi11 March 2021AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee's application for settlement under the Vivad Se Vishwas Scheme was accepted. Consequently, the appeal filed by the assessee was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2014-15. The assessee later sought 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Whether an appeal can be withdrawn if the assessee opts for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘C’ NEW DELHI

Before: SHRI O.P. KANT & MS. SUCHITRA KAMBLE

For Respondent: Ms. Manju Anand, ITO
Hearing: 11.03.2021Pronounced: 11.03.2021

ORDER PER O.P. KANT, AM:

This appeal by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)-40, Delhi, dated 31.10.2017, passed for assessment year 2014-15. 2. We have heard Income Tax Officer appearing for the Department through Video Conferencing. 3. None present of the Assessee. The assessee, vide its application dated 8th March, 2021, requested for withdrawal of the appeal as it has opted to settle the dispute relating to the tax arrears for the assessment year under consideration, under the “Vivad Se Vishwas Scheme, 2020”. It has been submitted that the application filed by the assessee has been accepted and the Commissioner of Income Tax (Exemption) has issued order for full and final settlement of tax arrears under Section 5(2) of Direct Taxes Vivad Se Vishwas Act, 2020 in Form 5, which is placed on record. The assessee, therefore, seeks permission to withdraw the appeal.

2.

In view of the aforesaid, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court.

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