DCIT, NEW DELHI vs. M/S. EDAG ENGINEERING & DESIGN (INDIA) PVT. LTD., NEW DELHI

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ITA 6154/DEL/2014Status: DisposedITAT Delhi10 February 2021AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeal based on the settlement under the Vivad Se Vishwas Scheme. The Revenue was granted liberty to approach the court if any objection arises in the assessee making subsequent payments.

What were the facts?

The Revenue filed an appeal for assessment year 2007-08. The assessee opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020, and submitted a certificate to that effect.

What were the issues?

Whether the Revenue's appeal should be withdrawn due to the assessee's settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

The Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.S. PANNU, VICE- & SHRI K. NARASIMHA CHARY

Hearing: 10/02/2021

PER G.S. PANNU, V.P. This appeal by the Revenue for the assessment year 2007-08 is directed against the order of Ld. CIT(A)-XX, New Delhi dated 08.08.2014

2.

The learned counsel for the assessee, vide its letter dated 28.01.2021, received through email, has 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”. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed. It is, therefore, requested that the present appeal of the Revenue should be considered as withdrawn.

3.

Learned Senior DR has no objection. It is, however, submitted by ld. DR that the standing instructions are that it is only if the assessee makes payment subsequent to the processing of the case under Vivad Se Vishwas Tak Scheme,2020, the Revenue will seek withdrawal of the case. In view of this, we make it clear that in case any objection arises in assessee making any payment subsequent thereto, the Revenue shall be at liberty to approach the Court.

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeal.

5.

In the result, the appeal of the Revenue is dismissed as withdrawn.

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