NEELAM PORTFOLIO PVT LTD.,NEW DELHI vs. ITO WARD-18(1), NEW DELHI

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ITA 8023/DEL/2019Status: DisposedITAT Delhi11 February 2021AY 2008-093 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 allowed the withdrawal of the appeal as the assessee opted for the Vivad Se Vishwas Scheme. The appeal was treated as dismissed, subject to the condition that it could be reinstituted if the dispute was not resolved under the scheme.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for assessment year 2008-09. The assessee subsequently opted for the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee's participation in the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC-1”: NEW DELHI

Before: SHRI R.K. PANDA

For Appellant: Shri Vinod Minocha, CA
For Respondent: Shri Gaurav Dudeja,Sr. DR
Hearing: 11/02/2021

This appeal filed by the assessee is directed against the order dated 23rd July, 2019 passed by the Ld. CIT (A) 37, New Delhi relating to assessment year 2008-09.

2.

The Ld. Counsel for the assessee, filed an application seeking withdrawal of the appeal on the ground that the assessee has opted for the Vivad Se Vishwas Scheme, 2020 and has received the Form No. 3 from the department. In view of the above the captioned appeal is consigned to record and treated as dismissed.

3.

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 aforesaid scheme, 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.

4.

In view of the aforesaid, the appeal of the assessee is consigned to record and for statistical purposes is treated as dismissed.

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