M/S ELEKTROBIT AUTOMOTIVE GMBH,GERMANY vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

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ITA 285/DEL/2016Status: DisposedITAT Delhi11 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 decided to consign the appeal to records and treat it as dismissed. This is subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas Scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal for assessment year 2012-13. Subsequently, the assessee requested to withdraw the appeal as they opted to settle the tax arrears under the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘D’ NEW DLEHI

Before: SHRI O.P. KANT & SHRI K. NARASIMHA CHARY

For Respondent: Dr. Prabha Kant, CIT/DR
Hearing: 10.02.2021

PER K. NARASIMHA CHARY, J.M. This appeal by the assessee for the assessment year 2012-13 is directed against the assessment order dated 18.11.2015 passed in pursuance to directions of ld. DRP-1, New Delhi.

2.

The assessee, vide its letter dated 09.02.2021, 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”.

3.

Considering the aforesaid situation, the captioned appeal is consigned to records and treated as dismissed.

4.

However, the aforesaid is 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 Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal 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 aforesaid, the appeal is consigned to record and, for statistical purposes, is treated as dismissed.

1.

Above decision was announced on conclusion of Virtual Hearing in presence of parties on 10th February, 2021.

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