M/S. R.S. SHARMA CONTRACTORS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 3061/DEL/2016Status: DisposedITAT Delhi04 February 2021AY 2011-122 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 decided to consign the appeal to records and treat it as dismissed. This is subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can approach the Tribunal for reinstitution of the appeal.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee opted to settle the dispute under the Vivad se Vishwas Act, 2020. The assessee requested withdrawal of the appeal.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to 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 “F” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI B.R.R. KUMAR

For Appellant: Shri Divyanshu Agarwal, Adv
For Respondent: Shri Apoorva Bhardwaj, Sr.D.R

O R D E R PER AMIT SHUKLA, JM The aforesaid appeal has been filed by the assessee against the impugned order dated 28.03.2016, passed by Ld. Commissioner of Income Tax (Appeals)-XVI, New Delhi for the Assessment Year 2012-13.

2.

The ld. counsel for the assessee, vide its letter dated 31st January, 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 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 on conclusion of Virtual Hearing in the presence of both the parties on February, 2021.

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