ARPIT AGARWAL,MORADABAD vs. ACIT-2, MORADABAD

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ITA 5856/DEL/2019Status: DisposedITAT Delhi23 February 2021AY 2015-162 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The Tribunal dismissed the assessee's appeal as withdrawn, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2015-16. The assessee later filed an application to withdraw the appeal as they had opted for the Vivad se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: SHRI N. K. BILLAIYA & MS SUCHITRA KAMBLE

Hearing: 23.02.2021Pronounced: 23.02.2021

ORDER PER SUCHITRA KAMBLE, JM

This appeal is filed by the assessee against the order dated 13.05.2019 passed by the CIT(A)- Civil Lines, Moradabad for Assessment Year 2015-16.

2.

Before us, there is the application dated 10.02.2021 filed by the assessee which states that the assessee has opted for the Vivad se Vishwas Scheme, 2020 to resolve the pending issue through Direct Tax “Vivad se Vishwas Scheme” (VSV) Act, 2020, and therefore to avoid any unnecessary litigation praying for withdrawal. The Ld. DR did not object the same.

3.

In view of the aforesaid facts and after considering the submissions of the assessee vide application dated 10.02.2021, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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for reinstitution of the appeal and the Tribunal shall consider directions the appeal of the assessee is dismissed as withdrawn.

4.

In the result, appeal of the assessee is dismissed. Order pronounced in the open court in presence of Ld. DR on this 23rd Day of February, 2021.

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