CAIRN ENERGY HYDROCARBONS LTD.,GURGAON vs. DIT, NEW DELHI

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ITA 6316/DEL/2012Status: DisposedITAT Delhi04 March 2021AY 2009-103 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The Tribunal dismissed the appeals as withdrawn, subject to the condition that if the tax arrears are not resolved under the VSV Act, parties can seek reinstitution of the appeals. The Tribunal would consider such applications appropriately.

What were the facts?

The assessee opted for the Vivad Se Vishwas (VSV) Scheme and filed the necessary declarations. The department had issued Form-3, and Form-5 was still awaited. The Revenue had no objection to the withdrawal of the appeals.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. ANIL CHATURVEDI & SH. KULDIP SINGH

For Appellant: Ms. Shruti Khimta, A. R
For Respondent: Dr. Prabhakant, CIT
Hearing: 04/03/2021Pronounced: 04/03/2021

2 ORDER PER BENCH : The above appeals by the assessee and Revenue are preferred against the order of the Dispute Resolution Panel-I, New Delhi dated 21.09.2012 (pertaining to A.Y. 2009-10), 21.05.2010 (pertaining to A.Y. 2007-08) & Commissioner of Income Tax (Appeals)-II, Jaipur dated 18.01.2012 (pertaining to A.Y. 2003-04), 19.01.2012 (pertaining to A.Y. 2004-05, 2005-06 & 2006-07),

2.

Before us, assessee has moved an application dated 3rd March 2021 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form- 1) and undertaking (Form-2) Scheme and department had issued Form-3 and Form-5 is still awaited. Learned DR has no objection to the withdrawal of appeals.

3.

After considering the request made by the assessee, we dismiss the appeals as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 parties shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. With these directions, the all these appeals of the assessee as well as Revenue are dismissed as withdrawn.

4.

In the result, all these appeals of the assessee as well as Revenue are dismissed.

Order pronounced in the open court on 03.03.2021, immediately after conclusion of the hearing of the matter in virtual mode.

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