What did the Tribunal hold?

The Tribunal noted the assessee's decision to settle the dispute under the Vivad Se Vishwas Act and consequently treated the appeal as dismissed. A caveat was added allowing for reinstitution if the settlement is not resolved.

The assessee had appealed an order from the CIT(A). However, the assessee later opted to settle the tax arrears for the assessment year under the Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was the assessee's withdrawal of the appeal due to opting for settlement under the Vivad Se Vishwas Act.

Aditya Vij, New Delhi vs ACIT | ITAT Delhi 2021

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

ORDER PER G.S. PANNU, VP : This appeal by the assessee for the assessment year 2017-18 is directed against the order of learned CIT(A)-43, New Delhi dated 27th June, 2019.

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 dispute relating to the tax arrears for the assessment year under consideration

2 ITA-7075/Del/2019 under the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) and requested for withdrawal of the said appeal.

Considering the aforesaid situation, the captioned appeal is consigned to records and treated as dismissed.

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.

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.

ADITYA VIJ,NEW DELHI vs. ACIT CIRCLE-61(1), NEW DELHI

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