ACIT, CIRCLE- 4(2), NEW DELHI vs. BHARTI TELEMEDIA LTD., NEW DELHI

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ITA 6050/DEL/2017Status: DisposedITAT Delhi10 March 2021AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn, acknowledging the assessee's settlement under the Vivad Se Vishwas Scheme. This dismissal is subject to the condition that if the dispute is not resolved under the scheme, the Revenue can seek reinstitution of the appeal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020 and obtained the necessary form from the designated authority.

What were the issues?

Whether the Revenue's appeal should be withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : A : NEW DELHI

Before: SHRI R.K. PANDA & MS SUCHITRA KAMBLE

For Appellant: Ms Prachi Rastogi, CA
For Respondent: Shri Satpal Gulati, CIT-DR
Hearing: 10.03.2021Pronounced: 10.03.2021

Assessee by : Ms Prachi Rastogi, CA Revenue by : Shri Satpal Gulati, CIT-DR Date of Hearing : 10.03.2021 Date of Pronouncement : 10.03.2021 ORDER

PER R.K. PANDA, AM:

1.

This appeal filed by the Revenue is directed against the order dated 31st May, 2017 of the CIT(A)-2, New Delhi, relating to the assessment year 2011-12.

2.

The ld. Counsel for the assessee filed an application seeking a direction by the Tribunal to the Department to withdraw the appeal on the ground 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 and has obtained Form No.3 from the PCIT-2, Delhi, the designated authority under the Vivad Se Vishwas Scheme, 2020 vide acknowledgement No.219464890190121 dated 19th January, 2021. In view of the above and in absence of any objection from the side of the ld. DR, the appeal filed by the Revenue is dismissed as withdrawn.

3.

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 Scheme, the Revenue 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 assessee has no objection with regard to the aforesaid caveat.

4.

In view of the aforesaid, the appeal is consigned to record and, for statistical purposes, is treated as dismissed.

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