R.K. LUMBERS PRIVATE LIMITED,DELHI vs. ACIT, CIRCLE-20(2), NEW DELHI

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ITA 1079/DEL/2020Status: DisposedITAT Delhi27 January 2021AY 2016-172 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 decided to treat the appeal as dismissed, acknowledging the assessee's settlement under the Vivad Se Vishwas Scheme. However, it allowed the assessee to seek reinstitution of the appeal if the settlement fails.

What were the facts?

The assessee requested withdrawal of their appeal before the ITAT. This was due to opting for settlement under the Vivad Se Vishwas Scheme, 2020, for the assessment year 2016-17.

What were the issues?

Whether an appeal can be withdrawn and treated as dismissed when the assessee opts for settlement under a specific scheme, with a provision for revival if the settlement fails.

AI-generated summary — verify with the full judgment below

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

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

Hearing: 27.01.2021Pronounced: 27.01.2021

PER G.S. PANNU, VP : This appeal by the assessee for the assessment year 2016-17 is directed against the order of learned CIT(A)-7, New Delhi. 2. The Assessee’s A.R. vide his letter dated NIL has requested for withdrawal of the appeal filed by the assessee and stated 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. It was also prayed that the appeal in the present case may be reviewed/restored if the application so filed under the Vivad Se Vishwas Scheme is rejected at a later stage. 3. Considering the aforesaid situation, the captioned appeal is 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 year is not ultimately resolved in terms of the aforesaid Act, the appellant (i.e., the assessee) shall be at liberty to approach the Tribunal for reinstitution of the appeal 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 appeal is consigned to record and, for statistical purposes, is treated as dismissed.

1.

Above decision was announced in the presence of both the parties on conclusion of Virtual Hearing on 27th January, 2021.

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