M/S IFFCO TOKIO GENERAL INSURANCE CO. LTD.,GURGAON vs. DCIT, NEW DELHI

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ITA 2994/DEL/2017Status: DisposedITAT Delhi11 February 2021AY 2007-082 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 noted the assessee's decision to settle the dispute under the Vivad Se Vishwas Act and consequently consigned the appeals to records. The dismissal is subject to the condition that if the dispute is not resolved under the Act, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee, IFFCO Tokio Gen Insurance Company Limited, filed an appeal for assessment year 2007-08. The assessee later opted to settle the tax arrears under the Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was the assessee's withdrawal of the appeal due to opting for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘C’ NEW DELHI

Before: SHRI G.S. PANNU, HON’BLE & SHRI K.NARASIMHA CHARY

For Respondent: Ms Rakhi Vimal, Sr. DR
Hearing: 11/2/2021

PER K. NARASIMHA CHARY, JM

1.

this appeal by IFFCO Tokio Gen insurance company limited(the assessee) for assessment year 2007-08 is directed against the orders of learned Commissioner of Income-tax (Appeals)-44, New Delhi (“Ld. CIT(A)”).

2.

Learned Counsel for the assessee has intimated that the assessee has opted to settle the dispute relating to the tax arrears under the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) for the assessment years under consideration and requested for withdrawal the said appeals.

3.

Considering the aforesaid situation, the captioned appeals are 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 years is not ultimately resolved in terms of the Act, 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 aforesaid, both the appeals are consigned to record and, for statistical purposes, are treated as dismissed. Order was announced on conclusion of Virtual Hearing in the presence of both the parties on this the 11th day of February, 2021.

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