M/S. NARENDRA EXPLOSIVE LTD.,NEW DELHI vs. ITO, NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal treated the appeals as withdrawn by the assessee. This decision is subject to the issuance of Form No. 5 under the Vivad se Vishwas Scheme.
What were the facts?
The assessee filed appeals for AY 2010-11 and 2011-12. During the hearing, the assessee submitted that they have opted for the Direct Taxes Vivad se Vishwas Scheme, 2020, and settled the dispute.
What were the issues?
Whether the appeals should be dismissed as withdrawn by the assessee due to settlement under the Vivad se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC-I”: NEW DELHI
Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI
PER PRASHANT MAHARISHI, A. M.
These are the appeals filed by the assessee against the order of the ld CIT(A)-6, New Delhi dated 16.11.2016 for Assessment Year 2011-12 and CIT(A)-20, New Delhi dated 29.02.2016 for the Assessment Year 2010-
At the time of hearing assessee submitted a letter dated 30.01.2021 through its authoriesed representative that assessee has filed Form No. 1 and 2 to settled the dispute under Direct Taxes Vivaad Se Vishwas Scheme, 2020 for both these appeals on 30.01.2021. Therefore, subject to the issue of Form No. 5 of appeal of the assessee may be treated is withdrawn.
In view of the above facts as assessee has already filed Form No. 1 and 2 of both these years on 30.01.2021, the appeal of the assessee are treated as withdrawn and hence dismissed, subject to condition that Form No. 5 is issued to the assessee for settlement of the above dispute. In case the above dispute in the impugned appeal is not settled under the Direct Taxes Vivaad se Vishwas Scheme, 2020 assessee may be at liberty to file an application for recall of the above order.
In the result appeal of the assessee is treated as withdrawn. Order pronounced in the open court on 01/02/2021. - - (BHAVNESH SAINI) ACCOUNTANT MEMBER Dated: 01/02/2021 A K Keot
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