COTEC HEALTHCARE PVT. LTD.,GHAZIABAD vs. DCIT, CIRCLE- 1, GHAZIABAD

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ITA 7416/DEL/2017Status: DisposedITAT Delhi10 February 2021AY 2010-112 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 consigned the appeal to records and treated it as dismissed, subject to the condition that the assessee could seek reinstitution if the dispute was not resolved under the scheme.

What were the facts?

The assessee requested withdrawal of their appeal before the ITAT, stating they had opted to settle the tax dispute under the 'Vivad Se Vishwas Scheme, 2020'. The Revenue had no objection to this request.

What were the issues?

Whether an appeal can be withdrawn and dismissed when the assessee opts for a tax settlement scheme like Vivad Se Vishwas.

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 assessee for the assessment year 2015-16 is directed against the order of Ld. CIT(A)-43, New Delhi dated 31.10.2019.

2.

None is present on behalf of the assessee at the time of virtual hearing before us. The assessee, vide its letter dated 28.01.2021, received through email, 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.

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