RANJIT LALL HUF,NEW DELHI vs. JCIT, SPECIAL RANGE- 11, NEW DELHI

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ITA 3461/DEL/2018Status: DisposedITAT Delhi10 February 2021AY 2015-162 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 under the Vivad Se Vishwas Act and consequently consigned the appeal to records. The dismissal is conditional upon the dispute not being resolved under the Act.

What were the facts?

The assessee filed an appeal for assessment year 2015-16. The assessee later informed the tribunal that they had opted to settle the dispute under the Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.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 & SHRI K. NARASIMHA CHARY

For Appellant: Shri Navneet Maini, CA
For Respondent: Shri M. Baranwal, Senior DR
Hearing: 10.02.2021Pronounced: 10.02.2021

This appeal by the assessee for the assessment year 2015-16 is directed against the order of learned CIT(A)-11, New Delhi dated 4th April, 2018.

The learned counsel for the assessee, vide his email dated 6th February, 2. 2021 has intimated the Tribunal that the assessee has opted to settle the 2 ITA-3461/Del/2018 dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) and requested for withdrawal of the said appeal.

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 aforestated Act, the appellant (i.e., 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 respondent (i.e., 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.

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

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