SURINDER KUMAR,REWARI vs. ITO, WARD-3, REWARI

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ITA 8086/DEL/2018Status: DisposedITAT Delhi11 March 2021AY 2007-083 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 consigned the appeal to records and treated it as dismissed, subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas Act, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal for the assessment year 2007-08. The assessee subsequently informed the Tribunal that they had opted to settle the tax dispute under the Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed due to the assessee opting for settlement under the Vivad Se Vishwas Act, with a provision for reinstitution if the settlement fails.

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 ‘SMC-I’ : NEW DELHI

Before: SHRI G.S. PANNU & MS. SUCHITRA KAMBLE

For Appellant: Shri Lalit Mohan, CA
For Respondent: Ms. Shivani Bansal, Senior DR
Hearing: 11.03.2021Pronounced: 11.03.2021

This appeal by the assessee for the assessment year 2007-08 is directed against the order of learned CIT(A)-Rohtak.

2.

The Assessee vide his letter dated 01.03.2021, has intimated the Tribunal 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 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 aforesaid 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 pronounced on conclusion of Virtual Hearing in the presence of both the parties on 11th March, 2021.

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