BSS BUILDCON P.LTD,NEW DELHI vs. ITO, WARD-5(2), NEW DELHI

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ITA 4831/DEL/2019Status: DisposedITAT Delhi03 February 2021AY 2013-143 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 accepted the assessee's request to withdraw the appeal. The withdrawal was based on the assessee opting for the Vivad Se Vishwas Scheme to settle a related quantum appeal.

What were the facts?

The assessee filed an appeal against an order under Section 271(1)(c) of the Income Tax Act. The assessee subsequently submitted a letter withdrawing the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn by the assessee. The assessee sought withdrawal due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC-1”: NEW DELHI

Before: SHR BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

For Appellant: Shri Rajat Kalsi, C.A.;
For Respondent: Shri Rajesh Kumar, Sr. DR;
Hearing: 03/02/2021Pronounced: 03/02/2021

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-13, New Delhi, dated 17.08.2018 under Section 271(1)(c) of the Income Tax Act, 1961 (the Act) for the Assessment Year 2013-14.

2.

At the time of hearing the assessee submitted a letter dated 01.02.2021 withdrawing the present appeal. It is further stated in the letter that the assessee’s quantum appeal bearing (Del) of 2018 pertaining to Assessment Year 2013-14 is pending before the Tribunal and assessee has filed Form Nos. 1 and 2 under Vivad Se Vishwas Scheme, 2020 to settle the tax dispute in ITA 6409 (Del) of 2018. Form No. 3 has also been received by the company, hence penalty is ought to be waived off in the present appeal. 3. In view of the above facts and after the consent of the ld. DR the above appeal is treated as withdrawn. Page | 1

4.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 03/02/2021.

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