DCIT (INTERNATIONAL TAXATION), NEW DELHI vs. M/S. BOSCH REXROTH B.V., NEW DELHI

ITA 3372/DEL/2017Status: DisposedITAT Delhi13 January 2021AY 2011-122 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the Revenue's standing instructions require payment after processing under the Vivad Se Vishwas Act for withdrawal. They clarified that if the dispute isn't resolved or issues arise, the Revenue can seek reinstitution of the appeal.

What were the facts?

The Revenue filed an appeal for assessment year 2011-12. The assessee informed the tribunal that they have opted to settle the dispute under the Vivad Se Vishwas Act, 2020, and requested the appeal be withdrawn and dismissed.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the assessee opting for settlement under the Vivad Se Vishwas Act, with a caveat for potential reinstitution.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘ I-1’ NEW DLEHI

Before: SHRI ANIL CHATURVEDI & SHRI K. NARASIMHA CHARY

For Respondent: Ms. Ritu Thareja, CA

Hearing: 13/01/2021

This appeal is filed by the Revenue for assessment year 2011-12, against the order of learned Commissioner of Income-tax (Appeals)-42, New Delhi dated 21.03.2017.

Learned Counsel for the assessee, vide letter dated 8th January, 2. 2021, 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(in short ‘the Act’) for the assessment year under consideration and requested that the appeal of the Revenue should be withdrawn and dismissed as such.

The ld. CIT/DR, on the other hand, submits that the standing instructions are that it is only if the assessee makes payment subsequent to the processing of the case under Vivad Se Vishwas Tak Scheme,2020, the Revenue will seek withdrawal of the case. In view of this, we make it clear that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the Act or any objection arises in issuance of Form 3 or in assessee making any payment subsequent thereto, the Revenue 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 assessee has no objection with regard to the aforesaid caveat.

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 13th January, 2021.

Recent GST High Court judgments

Search GST case law →