ISHWAR CHAND,DELHI vs. ITO WARD 41(5), NEW DELHI

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ITA 2453/DEL/2019Status: DisposedITAT Delhi08 January 2021AY 2014-153 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 noted the assessee's decision to settle the dispute under the Vivad Se Vishwas Act and consequently dismissed the appeal. This dismissal is subject to the condition that if the dispute is not resolved under the Act, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee had filed an appeal before the ITAT. The assessee subsequently opted to settle the tax dispute under the Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was the pendency of the appeal before the Tribunal when the assessee chose to settle the dispute under a different legislative scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH FRIDAY ‘A’ NEW DELHI

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

For Appellant: Shri Pranshu Singhal, CA
For Respondent: Shri M. Barnwal, Sr. DR
Hearing: 08.01.2021Pronounced: 08.01.2021

PER G.S. PANNU, VICE PRESIDENT

1.

This appeal by the assessee is directed against the order of learned Commissioner of Income Tax(A)-34, New Delhi dated 25.02.2019 and pertains to assessment year 2014-15.

ITA 2453/Del/2019

2.

The learned counsel for the assessee, vide his letter dated 1.1.2021 received through email, has intimated the Tribunal 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 Act, 2020 and requested for withdrawal of 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 aforestated Act, the appellant (i.e., 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 respondent (i.e., 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.

ITA 2453/Del/2019

Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 8th January, 2021.

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