ITO, NEW DELHI vs. M/S. SACH REALTORS PVT. LTD., NEW DELHI

PDF · subscribers
ITA 998/DEL/2016Status: DisposedITAT Delhi27 January 2021AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had received a certificate under Section 5(1) of the Vivad Se Vishwas Act, 2020. With the consent of the Revenue's counsel, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue's appeal for assessment year 2012-13 was before the ITAT. The assessee had opted to settle the tax dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the impact of the assessee opting for the Vivad Se Vishwas Scheme on the pending appeal.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & SHRI MAHAVIR PRASAD SHRI MAHAVIR PRASADSHRI SHRI

For Respondent: Ms. Nidhi Srivastava, CIT-DR
Hearing: 27.01.2021

PER MAHAVIR PRASAD, JM PER MAHAVIR PRASAD, JM : PER MAHAVIR PRASAD, JM PER MAHAVIR PRASAD, JM

1.

This appeal by the Revenue for the assessment year 2012-13 is directed against the order of learned CIT(A)-28, New Delhi dated 28th December, 2015.

2.

Nobody appeared on behalf of the assessee at the time of Virtual Hearing before us. The learned counsel for the assessee, vide letter dated 25th January, 2021 has submitted 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. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been received from the Department. Further, the assessee has sought time to complete the process of preparation and filing of the withdrawal application. However,

2 ITA-998/Del/2016 considering the fact that the assessee has already received the certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, we are of the view that no useful purpose would be served by adjourning the matter. Therefore, with the consent of the learned Senior DR, we proceeded to hear and decide the matter ex-parte qua the assessee-respondent.

3.

In view of the submissions made by the learned counsel for the assessee in his application dated 25th January, 2021, learned Senior DR has no objection in dismissing the appeal of the Revenue.

4.

In view of the above, the appeal of the Revenue is dismissed as withdrawn, as having become infructuous.

5.

In the result, the appeal of the Revenue is dismissed as withdrawn. Above decision was announced on conclusion of Virtual Hearing on 27th January, 2021.

More judgments on Section 5(1)

All 1,811 judgments and leading authorities on Section 5(1) →

Recent GST High Court judgments

Search GST case law →