SAGU DREAMLAND (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 6613/DEL/2016Status: DisposedITAT Delhi19 January 2021AY 2008-092 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 consigned the appeal to records and treated it as dismissed. This is 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 for assessment year 2008-09. The assessee subsequently opted to settle the tax arrears under the Vivad Se Vishwas Act, 2020. The assessee requested withdrawal of the appeal.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘ G’ NEW DLEHI

Before: SHRI R.K. PANDA & SHRI K. NARASIMHA CHARY

For Appellant: Ms. Rashi Singhal, CA
Hearing: 19/01/2021

PER R.K. PANDA, AM:

1.

This appeal is filed by the assessee being aggrieved by the order dated 03.10.2016 passed by the Commissioner of Income-tax (Appeals)- 28, New Delhi for assessment year 2008-09.

2.

Learned Counsel for the assessee has intimated that the assessee has opted to settle the dispute relating to the tax arrears under the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) for the assessment year under consideration and requested for withdrawal the said appeal.

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 Act, 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 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.

Order was announced on conclusion of Virtual Hearing in the presence of both the parties on 19th January, 2021.

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