AIR LIQUIDE GLOBAL E&C SOLUTIONS INDIA PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 4(1), NEW DELHI

PDF · subscribers
ITA 6721/DEL/2018Status: DisposedITAT Delhi10 March 2021AY 2009-102 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 noted the assessee's decision to settle the dispute under the Vivad se Vishwas Act. Consequently, the appeals were consigned to records and treated as dismissed.

What were the facts?

The assessee had filed appeals before the ITAT for assessment years 2008-09 and 2009-10. The assessee subsequently opted to settle the tax arrears under the Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the settlement of tax arrears under a specific legislative scheme, leading to the withdrawal of pending appeals.

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 “I-1” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Amit Gupta, Adv
For Respondent: Shri Surendra Pal, CIT-D.R

PER BENCH: The aforesaid appeals have been filed by the assessee against the impugned common order dated 31.07.2018 passed by Commissioner of Income Tax (Appeals)-XLIV, New Delhi for the Assessment Years 2008-09 and 2009-10.

2.

The ld. counsel for the assessee, vide its letter dated 9th March, 2021 has intimated the Tribunal that the assessee has opted to settle the dispute relating to the tax arrears for the assessment years under consideration under the Vivad se Vishwas Act, 2020 (in short ‘the Act’) and requested for withdrawal of the aforesaid appeals.

3.

Considering the aforesaid situation, the captioned appeals are consigned to records and treated as dismissed.

4.

However, the aforesaid are subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years are 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 appeals and the Tribunal shall consider such applications 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 appeals are consigned to records and, for statistical purposes, are treated as dismissed. Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 10th March, 2021.

Recent GST High Court judgments

Search GST case law →