DCIT, CIRCLE- 12(1), NEW DELHI vs. INFRASOFT TECHNOLOGIES LTD., NEW DELHI

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ITA 4500/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 accepted the assessee's request to withdraw its appeal. For the Revenue's appeal, it was noted that withdrawal would depend on the assessee's payment post-scheme processing.

What were the facts?

The assessee requested withdrawal of its appeal under the Vivad Se Vishwas Scheme, 2020, having opted to settle tax arrears. The Revenue had no objection to this withdrawal.

What were the issues?

The primary issue was the assessee's withdrawal of its appeal due to opting for the Vivad Se Vishwas Scheme. The Revenue's appeal's fate was linked to subsequent payment by the assessee.

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 Appellant: Adv. Sh. Dhruv Seth, Adv
Hearing: 13/01/2021

PER K.N. CHARY, JM: These are cross appeals by the assessee and Revenue for assessment year 2011- 12, against the order of learned Commissioner of Income-tax (Appeals)-19, New Delhi dated 03.04.2017.

2.

Learned Counsel for the assessee, vide letter dated January 12, 2021, has requested for withdrawal of the appeal filed by assessee and stated that the assessee has opted to settle the dispute relating to the tax arrears under the Vivad Se Vishwas Scheme, 2020 for the assessment year under consideration. A certificate to this effect under section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.

3.

Learned CIT/DR has no objection.

4.

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

5.

So far as the appeal of Revenue is concerned, as submitted by ld. DR, 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 any objection arises in assessee making any payment subsequent thereto, the Revenue shall be at liberty to approach the Court.

6.

In view of the aforesaid, both the appeals of assessee and Revenue are consigned to record and treated as dismissed.

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