ACIT, NEW DELHI vs. M/S MAHAKETU PROMOTORS & DEVELOPERS P.LTD., NEW DELHI

PDF · subscribers
ITA 305/DEL/2017Status: DisposedITAT Delhi03 February 2021AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that as per Section 4(2) of the Vivad Se Vishwas Act, 2020, an appeal pending before the tribunal is deemed to be withdrawn upon the issuance of a certificate under Section 5. Since Form No. 3 (certificate) was issued, the appeal was deemed withdrawn.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2007-08. The assessee informed the tribunal that the matter has been settled under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether an appeal pending before the ITAT is deemed withdrawn upon the assessee opting for the Vivad Se Vishwas Scheme and obtaining the necessary certificate.

Which sections of the Income-tax Act were involved?

Section 4(2) of the Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI

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

For Appellant: Ms. Pramita M. Biswas, CIT(DR)
For Respondent: Shri Akshit Goel, CA
Hearing: 03.02.2021Pronounced: 03.02.2021

ORDER PER O.P. KANT, AM:

This appeal by the Revenue is directed against order dated 27.10.2016 passed by learned Commissioner of Income Tax (Appeals)-29, New Delhi, pertaining to assessment year 2007-08. 2. The learned counsel for the assessee, at the outset, stated that the assessee has settled the matter under the “Vivad Se Vishwas Scheme, 2020”. He, therefore, seeks permission to treat the appeal as deemed to be withdrawn under the provisions of Direct Tax Vivad Se Vishwas Act, 2020. The assessee has also filed a copy of Form No. 3 issued by the respective Principal Commissioner of Income Tax, which is placed on file.

3.

We have heard learned Representative of both the parties through Video Conferencing and have perused Form No. 3 issued by Income-tax Department with reference to present appeal. For ready reference, Section 4(2) of the Direct Tax Vivad Se Vishwas Act (supra) reads as under: “4. (1) ………………………. (2) Upon the filing the declaration, any appeal pending before the Income-tax Appellate Tribunal or Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have been withdrawn from the date on which certificate under sub-section (1) of section 5 is issued by the designated authority.”

4.

In view of the above, as the Form No. 3 has been issued in the case of the assessee, the appeal of the Revenue is deemed to be withdrawn. Hence, the appeal is dismissed as withdrawn. Order pronounced in the open court.

Recent GST High Court judgments

Search GST case law →