DCIT, NEW DELHI vs. M/S HBN HOUSING FINANCE LTD., NEW DELHI

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ITA 4573/DEL/2013Status: DisposedITAT Delhi28 January 2021AY 2008-093 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed both appeals filed by the assessee and the Revenue. This dismissal was conditional, allowing for restoration if the dispute is not settled under the scheme.

What were the facts?

The assessee opted to settle tax arrears for AY 2008-09 under the "Vivad Se Vishwas Scheme, 2020". The assessee filed necessary forms with the Tax Department for this settlement.

What were the issues?

The primary issue was the pendency of appeals before the ITAT when the assessee chose to settle the dispute under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: SHRI N.K. BILLAIYA & SHRI KULDIP SINGH

For Appellant: Ms. Gunjan Jain, CA
For Respondent: Shri Rajesh Kumar, Senior DR
Hearing: 28.01.2021

PER KULDIP SINGH, JUDICIAL MEMBER : Appellants, M/s. HBN Housing Finance Ltd. (hereinafter referred to as ‘the assessee’) and ACIT, Central Circle – 4, New Delhi (hereinafter referred to as ‘the Revenue’), in ITA present appeals, sought to set aside the impugned order dated 01.04.2013 passed by Ld. Commissioner of Income-tax (Appeals)- XXXIII, New Delhi qua the assessment year 2008-09.

2.

Ld. Counsel for the assessee filed an application in stating therein 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 Scheme, 2020” and has filed necessary Forms 1 & 2 with the Tax Department.

3.

Keeping in view the aforesaid facts, appeal being is hereby dismissed with liberty to get it restored by the Revenue in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, the present appeal (ITA No.4573/Del/2013) is dismissed to enable the parties to opt for “Vivad Se Vishwas Scheme, 2020”.

4.

Since both the appeals are interconnected having been emanated from the same impugned order passed by the ld. CIT (A) qua the subject matter of which parties opted for the Scheme, the second appeal (ITA No.4733/Del/2013) filed by the assessee has also become infructuous on filing application in the appeal (ITA No.4573/Del/2013) for settling the dispute under “Vivad Se as well as the Revenue would have the liberty to get both the appeals (ITA No.4733/Del/2013 & ) restored in case dispute is not settled as per the scheme.

5.

Resultantly, both the aforesaid appeals are dismissed. Order pronounced in open court on this 28th day of January, 2021 after the conclusion of the virtual hearing.

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