CARRIER CORPORATION,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

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ITA 1602/DEL/2016Status: DisposedITAT Delhi28 January 2021AY 2012-132 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 consigned the appeals to records and treated them as dismissed. However, the dismissal is subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee opted to settle tax arrears for the assessment years under consideration under the Vivad se Vishwas Act, 2020. The assessee requested withdrawal of the appeals before the ITAT.

What were the issues?

Whether the appeals should be dismissed due to the assessee opting for settlement under the Vivad se Vishwas Act, with a provision for reinstitution if the settlement fails.

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 “D” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Purshottam Anand, Adv
For Respondent: Dr. Prabha Kant, CIT-D.R

PER AMIT SHUKLA, J.M.: The aforesaid appeals have been filed by the assessee against the impugned order dated 29.01.2016 passed by Deputy Commissioner of Income Tax, International Taxation, New Delhi for the Assessment Year 2011-12.

2.

The ld. counsel for the assessee, vide its letter dated 28th January, 2021, through e-mail, 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 appeals.

2 I.T.As. No. 1601 & 1602/DEL/2016

3.

Considering the aforesaid situation, the captioned appeals are 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 years 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 appeals 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 appeals are consigned to record and, for statistical purposes, are treated as dismissed. Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 28th January, 2021.

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