M/S. JEET TRADELINK PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

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ITA 715/DEL/2010Status: DisposedITAT Delhi15 February 2021AY 2006-073 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The Tribunal dismissed both appeals as withdrawn, acknowledging the resolution of the dispute under the Vivad se Vishwas Act. However, it allowed the assessee to seek reinstitution of appeals if the dispute is not ultimately resolved under the scheme.

What were the facts?

The assessee and the Revenue filed cross-appeals against an order for assessment year 2006-07. The assessee informed the tribunal that the dispute was resolved under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the impact of the Direct Tax Vivad se Vishwas Act, 2020 on pending appeals before the tribunal.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “D”: NEW DELHI

Before: SHRI R.K. PANDA & SHRI SUDHANSHU SRIVASTAVA

For Appellant: Shri Vibhu Gupta, CA, Ms. Shaily Gupta, CA
Hearing: 15/02/2021

These cross appeals, the first one is filed by the assessee and the second one filed by the Revenue and are directed against the order dated 21st January, 2010 by the Ld. CIT(A)-VII, New Delhi for the assessment year 2006-07.

2.

Ld. Counsel for the assessee filed an application stating that assessee has gone under the Direct Tax Vivad se Vishwas Act, 2020 and has received a certificate and From No.

3. He accordingly submitted that since the dispute now stands resolved by the Vivad Se Vishwas Act, 2020 both the appeals have become infructuous. Therefore, the same may be withdrawn with caveat.

3.

In view of the above submission of the Ld. Counsel for the assessee and in absence of any objection from the side of the Ld. DR, the above two appeals filed by the assesse and Revenue respectively are dismissed as “withdrawn”.

4.

However, the aforesaid is subject to a caveat that in case the dispute relating tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid scheme, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. The Revenue has no objection with regard to the aforesaid caveat.

5.

In view of the above, both the appeals filed by the assessee as well as the revenue are dismissed.

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