NARESH KUMAR KUBBA HUF,VRINDAVAN vs. ITO, WARD- 47(3), NEW DELHI

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ITA 629/DEL/2019Status: 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 noted that the assessee had opted for the Vivad Se Vishwas Scheme and filed the necessary forms. Therefore, the appeals were dismissed with liberty to restore them if the dispute was not settled under the scheme.

What were the facts?

The assessee filed appeals against the impugned orders for assessment years 2009-10 and 2010-11. The assessee later opted to settle the tax arrears under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the assessee's decision to settle the tax dispute under the Vivad Se Vishwas Scheme, leading to the withdrawal of the appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC-1’ : NEW DELHI

Before: SHRI R.K. PANDA & SHRI KULDIP SINGH

For Appellant: Shri Shyam Jain, Advocate
For Respondent: Shri R.K. Gupta, Senior DR
Hearing: 04.03.2021

Date of Hearing : 04.03.2021 Date of Order : 04.03.2021

O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, Naresh Kumar Kubba HUF (hereinafter referred to as ‘the assessee’), by filing the present appeals, sought to set aside the impugned orders both dated 22.11.2018 passed by the Commissioner of Income-tax (Appeals)-16, New Delhi qua the assessment years 2009-10 & 2010-11. withdrawal of the appeals on the ground 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 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 appeals are 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 appeals are dismissed. Order pronounced in open court on this 4th day of March, 2021 after the conclusion of the virtual hearing.

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