TAISEI ONCHO INDIA (P) LTD.,NEW DELHI vs. ACIT, NEW DELHI

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ITA 976/DEL/2017Status: DisposedITAT Delhi25 February 2021AY 2012-132 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The Tribunal dismissed the assessee's appeal as withdrawn, subject to the condition that if the dispute is not resolved under the 'Vivad se Vishwas Scheme', the assessee can request for reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against an order for AY 2012-13. During the hearing, the assessee expressed interest in resolving the pending issue through the 'Vivad se Vishwas Scheme'.

What were the issues?

The primary issue was the assessee's desire to settle tax arrears under the 'Vivad se Vishwas Scheme' instead of pursuing the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

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

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

Hearing: 25.02.2021Pronounced: 25.02.2021

ORDER

PER SUCHITRA KAMBLE, JM

1.

This appeal is filed by the assessee against the order dated 25/11/2016 passed by 143(3) read with Section 144C of the Income Tax Act, 1961 for Assessment Year 2012-13.

2.

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.

3.

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of the aforesaid facts and after considering the submissions of the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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for reinstitution of the appeal and the Tribunal shall consider directions the appeal of the assessee is dismissed as withdrawn.

4.

In the result, appeal of the assessee is dismissed. Order pronounced in the Open Court in presence of both the parties on this 25TH Day of February, 2021

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