M/S SHEELA FOAM PVT. LTD.,GHAZIABAD vs. DCIT, NEW DELHI

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ITA 2291/DEL/2016Status: DisposedITAT Delhi08 January 2021AY 2012-132 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 appeals to records and treated them as dismissed, subject to the condition that the assessee can seek reinstitution if the dispute is not resolved under the scheme.

What were the facts?

The assessee requested withdrawal of appeals for assessment year 2012-13, having opted to settle the tax dispute under the 'Vivad Se Vishwas Scheme, 2020'. The Revenue had no objection to this request.

What were the issues?

Whether the appeals should be dismissed as withdrawn by the assessee due to opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “A” BENCH: NEW DELHI

Before: SHRI G.S. PANNU & SHRI SUDHANSHU SRIVASTAVA

Hearing: 08.01.2021Pronounced: 08.01.2021

PER G.S. PANNU, VP : Both appeals by the assessee for the assessment year 2012-13 are directed against the orders of learned CIT(A), New Delhi dated 10.10.2019 & 04.03.2016 respectively.

2.

The assessee, vide its letter dated 30.12.2020, received through email, has requested for withdrawal of the appeals filed by her and stated that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the ”Vivad Se Vishwas Scheme, 2020”.

3.

Considering the aforesaid situation, the captioned appeals are 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 aforestated Act, the appellant (i.e., the assessee) shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat.

5.

In view of the aforesaid, both appeals are consigned to record and, for statistical purposes, are treated as dismissed.

1.

Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 08th January, 2021.

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