What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can seek reinstitution of the appeal.

The assessee wished to resolve a pending tax issue through the Vivad se Vishwas Scheme. The assessee had filed the initial forms for the scheme and was awaiting further confirmation.

What were the issues?

The primary issue was the assessee's intention to settle the tax dispute under the Vivad se Vishwas Scheme, leading to the withdrawal of the appeal.

Shri Kirshan vs ITO | ITAT Delhi 2021

Income Tax Appellate Tribunal, DELHI BENCH: ‘-SMC-2 NEW DELHI

Before: SHRI N. K. BILLAIYA & MS SUCHITRA KAMBLE

Hearing: 02.03.2021Pronounced: 02.03.2021

ORDER

PER SUCHITRA KAMBLE, JM

This appeal is filed by the assessee against the order 01/08/2019 passed by CIT(A)-13, New Delhi for Assessment Year 2010-11.

Before us, the Ld. AR on behalf of the assessee at the time of hearing submitted that the assessee is interested to resolve the pending issue through Direct Tax “ Vivad se Vishwas Scheme” (VSV) Act, 2020, and filed Declaration Form No. 1 & 2 and Form No. 3 is awaited.

In view of the aforesaid facts and after considering the submissions of the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider directions the appeal of the assessee is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed.

Order pronounced in the Open Court in presence of both the parties on this 02nd Day of February, 2021

SHRI KIRSHAN,DELHI vs. ITO, WARD-38(5), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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