LALIT KUMAR,PANIPAT vs. ITO WARD - 2, PANIPAT

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ITA 7081/DEL/2019Status: DisposedITAT Delhi18 February 2021AY 2011-123 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The Tribunal dismissed the appeal as withdrawn based on the assessee's request to settle the dispute under the Vivad Se Vishwas Scheme. The assessee reserved the right to seek reinstitution of the appeal if the settlement is not resolved.

What were the facts?

The assessee filed an appeal before the ITAT for assessment year 2011-12. The assessee subsequently opted to settle the tax arrears under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC-1’ NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI O.P. KANT

For Appellant: Shri Divyansh Agarwal, Advocate
For Respondent: Shri Ved Prakash Mishra, Sr. DR
Hearing: 18.02.2021Pronounced: 18.02.2021

ORDER PER O.P. KANT, AM:

This appeal by the assessee is directed against the order dated 14.06.2019 passed by learned Commissioner of Income Tax (Appeals), Karnal, for assessment year 2011-12. 2. We have heard both the parties through Video Conferencing. 3. At the outset, the learned counsel for the assessee has requested for withdrawal of the appeal as 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” for which, he has filed Form No. 1 & 2 and Form No. 3 is awaited.

2.

However, it is submitted by the appellant that the aforesaid be subjected to a caveat that in case the dispute relating to tax arrears for the assessment year under consideration is not ultimately resolved in terms of the aforestated Scheme, the appellant shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law.

3.

In view of the aforesaid, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 18.02.2021.

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