ACIT, CENTRAL CIRCLE-14, NEW DELHI vs. ORACLE FARMS LLP, NEW DELHI

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ITA 4124/DEL/2018Status: DisposedITAT Delhi24 February 2021AY 2009-102 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeal. Consequently, both the assessee's appeal and the Revenue's appeal for the respective assessment years were dismissed as withdrawn.

What were the facts?

The assessee requested to withdraw their appeal for assessment year 2012-13, stating they opted to settle the dispute under the 'Vivad Se Vishwas Scheme, 2020'. The Revenue had no objection to this request.

What were the issues?

Whether an appeal can be withdrawn by the assessee due to opting for the Vivad Se Vishwas Scheme. The primary issue was the procedural aspect of withdrawing an appeal based on a settlement scheme.

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, DELHI “E” BENCH: NEW DELHI

Before: SHRI KUL BHARAT & SHRI PRASHANT MAHARISHI

For Respondent: Ms. Pramita M.Biswas, CIT DR
Hearing: 24.02.2021Pronounced: 24.02.2021

PER KUL BHARAT, JM :

1.

These appeals by the assessee and the Revenue for the assessment years 2012-13 & 2009-10 are directed against the orders of learned CIT(A), New Delhi dated 06.06.2016 and 21.03.2018 respectively.

2.

The learned counsel for the assessee, vide its letter dated 23.02.2021 received through email, has requested for withdrawal of the appeal filed by him 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”. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.

3.

Learned Senior DR has no objection.

4.

In view of the above, we accept the request of the assessee for withdrawal of the appeal.

5.

In view of the aforesaid, the appeal of the Revenue as well as the appeal of the assessee are dismissed as withdrawn.

Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 24th February, 2021.

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