DCIT (INTERNATIONAL TAXATION), NEW DELHI vs. M/S. POSH SEMCO PTE LTD., SINGAPORE

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ITA 912/DEL/2016Status: DisposedITAT Delhi27 January 2021AY 2012-132 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 the assessee had availed the Vivad se Vishwas Scheme and a certificate was issued. Consequently, the appeal filed by the Revenue is deemed to have been withdrawn.

What were the facts?

The Revenue filed an appeal against the directions of the Dispute Resolution Panel for AY 2012-13. The assessee subsequently filed a declaration under the Direct Tax Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal filed by the Revenue is to be treated as withdrawn in light of the assessee opting for the Direct Tax Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(1),Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “D”: NEW DELHI

Before: SHRI AMIT SHUKLASHRI PRASHANT MAHARISHI

For Appellant: Ms. Deepika Agarwal, C.A.;
For Respondent: Dr. Prabha Kant [CIT]–DR;
Hearing: 27/01/2021Pronounced: 27/01/2021

O R D E R PER AMIT SHUKLA, J. M.

1.

This appeal is filed by the ld. Dy. Commissioner of Income Tax, International Taxation, Circle 2(2)(2), New Delhi, against directions of the ld. Dispute Resolution Panel-2, for Assessment Year 2012-13 wherein the ld. Assessing Officer incorporated such direction in assessment order dated 21.12.2015 passed under Section 143(3) read with Section 144C(1) of the Income Tax Act, 1961 (the Act).

2.

At the time of hearing the ld. AR submitted that it has filed a declaration under the Direct Tax Vivad se Vishwas Scheme, 2020 and Form No. 3 has also been issued by the DA on 28th December, 2020. 3. The ld. DR submitted that in that case the appeal is deemed to have been withdrawn. 4. We have carefully considered the relevant certificate issued in Form No. 3 dated 28th December, 2020 under Section 5(1) of the Direct Taxes Vivad se Vishwas Scheme, 2020. In view of this the appeal filed by the Revenue is deemed to have been withdrawn. Page | 1

5.

In the result, appeal of the ld. AO is treated as withdrawn and dismissed.

Order pronounced in the open court on : 27/01/2021.

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