DCIT, NEW DELHI vs. M/S NUCLEUS SOFTWARE EXPORTS LTD., NEW DELHI

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ITA 1169/DEL/2017Status: DisposedITAT Delhi08 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 noted that the assessee had opted for the Vivad Se Vishwas Scheme and filed the necessary forms. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT challenging an order of the CIT(A). The assessee subsequently opted to settle the tax dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the impact of the assessee's decision to settle the dispute under the Vivad Se Vishwas Scheme on the pending appeal.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.K. BILLAIYA & SHRI KULDIP SINGH

For Appellant: Shri Praveen Jain, CA
For Respondent: Shri Gayasuddin Ansari, Senior DR
Hearing: 08.03.2021

Date of Hearing : 08.03.2021 Date of Order : 08.03.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, DCIT, Circle 18 (2), New Delhi (hereinafter referred to as ‘the assessee’), by filing the present appeal, sought to set aside the impugned order dated 06.12.2016 passed by the Commissioner of Income-tax (Appeals)-6, Delhi qua the assessment year 2011-12. 2. Ld. Counsel for the assessee filed an application seeking withdrawal of 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 filed necessary Forms 1 & 2 with the Tax Department, which was accepted and processed vide Form 3 issued by the Tax Department.

3.

Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored by the assessee in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, the present appeal is dismissed. Order pronounced in open court on this 8th day of March, 2021 after the conclusion of the virtual hearing.

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