M/S. METRO ORTEM LTD.,DELHI vs. DCIT, NEW DELHI
What did the Tribunal hold?
The Tribunal accepted the assessee's request for withdrawal of the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.
What were the facts?
The assessee requested to withdraw their appeal for the assessment year 2009-10. This withdrawal was based on opting for the "Vivad Se Vishwas Scheme, 2020". A certificate under Section 5(1) of the scheme was also submitted.
What were the issues?
Whether the assessee can withdraw their appeal due to opting for the Vivad Se Vishwas Scheme. The primary issue is the acceptance of the withdrawal request.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “D” BENCH: NEW DELHI
Before: SHRI G.S. PANNU & SHRI K.NARSIMHA CHARY
PER G.S. PANNU, VP : This appeal by the assessee for the assessment year 2009-10 is directed against the order of learned CIT(A)-24, New Delhi dated 23.03.2016.
The learned counsel for the assessee, vide its letter dated 04.03.2021, received through email, has requested for withdrawal of the appeal filed by him and stated 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”. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.
Learned Senior DR has no objection.
In view of the above, we accept the request of the assessee for withdrawal of the appeal.
In the result, the appeal of the assessee is dismissed as withdrawn.
Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 17th March, 2021.
More judgments on Section 5(1)
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- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1232/SRT/2025[2016-17]Status: Disposed4 May 2026AY 2016-17
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1231/SRT/2025[2015-16]Status: Disposed4 May 2026AY 2015-16
- Amit Satpathy, Mumbai vs ITO-42(2)(1), MumbaiITA 5930/MUM/2025[2017-18]Status: Disposed27 Feb 2026AY 2017-18
- Amish Anantrai Modi, Mumbai vs Central Circel 2(1), MumbaiITA 6281/MUM/2025[2011-2012]Status: Disposed9 Dec 2025AY 2011-2012
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