COUNTRYWIDE PROMOTERS PVT. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 32, NEW DELHI

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ITA 531/DEL/2018Status: DisposedITAT Delhi10 February 2021AY 2005-062 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 requested withdrawal of the appeal. Consequently, the appeal was consigned to records and treated as dismissed.

What were the facts?

The assessee had appealed against an order of the CIT(A) for the assessment year 2005-06. The assessee subsequently opted to settle the tax arrears under the Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal should be dismissed when the assessee opts 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 ‘B’ : NEW DELHI

Before: SHRI R.K. PANDA, HON’BLE & MS. S. KAMBLE, HON’BLE

For Respondent: Ms. Nidhi Srivastava, CIT(DR)
Hearing: 10.02.2021Pronounced: 10.02.2021

ORDER PER R.K. PANDA, AM :

This appeal by the assessee for the assessment year 2005-06 is directed against the order of learned CIT(A)-30, New Delhi. 2. The Ld. Counsel for the assessee’s vide his letter dated NIL, has intimated the Tribunal 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 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 aforesaid 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 parties on conclusion of Virtual Hearing on 10th February, 2021.

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