M/S. TOYO INK INDIA PVT. LTD.,DELHI vs. DCIT, NEW DELHI

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ITA 6197/DEL/2015Status: DisposedITAT Delhi27 January 2021AY 2011-123 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The Tribunal dismissed the appeals as withdrawn, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Scheme, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee filed appeals against orders for AY 2011-12 and 2012-13. The assessee subsequently applied to resolve the pending issues under the Vivad se Vishwas Scheme.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘I-2’ NEW DELHI

Before: SHRI R. K. PANDA & MS SUCHITRA KAMBLE

For Appellant: Ms. Rajnandani Shukla, Adv
Hearing: 27.01.2021

Heard together (2 matters)

ITA No. 6197/Del/2015
ITA No. 772/DEL/2017

Read from the judgment's own cause title. This page is filed under one of them.

PER SUCHITRA KAMBLE, JM These two appeals are filed by the assessee against the order dated 23.09.2015 passed under Section 143(3) read with Section 144C of the Income Tax Act, 1961 passed by DCIT, Circle 25(2) New Delhi and order dated 27.12.2016 passed under Section 143(3) r.w.s. 144C passed by DCIT, Circle 25(1) New Delhi, for Assessment Year 2011-12 & 2012-13 respectively.

2.

Before us, the Ld. AR along with letter dated 26.01.2021 submitted that the assessee has moved an application to resolve the pending issue through Direct Tax “Vivad se Vishwash Scheme” (VSV) Act, 2020, and has filed Declaration Form No. 1 & 2 and is awaiting Form 3.

3.

In view of the aforesaid facts and after considering the submissions of the assessee, we dismiss these appeals of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of these four appeals and the Tribunal shall consider the same. The appeals of the assessee are dismissed as withdrawn.

4.

In the result, these two appeals of the assessee are dismissed. Order pronounced in the Open Court in presence of both the parties on this 27th Day of JANUARY , 2021.

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