GAIL (INDIA) LTD.,NEW DELHI vs. DCIT- LTU, NEW DELHI

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ITA 5262/DEL/2017Status: DisposedITAT Delhi05 January 2021AY 1999-20002 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The Tribunal dismissed both the Revenue's and the assessee's appeals as withdrawn. This was based on the assessee's request to settle the dispute under the Vivad Se Vishwas Scheme, with a caveat for potential reinstitution.

What were the facts?

The assessee requested withdrawal of their appeal as they opted to settle tax arrears under the 'Vivad Se Vishwas Scheme, 2020'. This withdrawal was subject to the condition that if the dispute is not resolved under the scheme, the appeals could be reinstituted.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for a settlement scheme, and the conditions under which this withdrawal would be effective.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘C’ NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI O.P. KANT

For Appellant: Shri Vibhu Gupta, CA
For Respondent: Ms. Sunita Singh, CIT(DR)
Hearing: 05.01.2021Pronounced: 05.01.2021

ORDER PER AMIT SHUKLA, JM:

These appeals by the Revenue and the assessee for the assessment year 1999-2000 are directed against the order of the learned Commissioner of Income Tax (A)-22, New Delhi, dated 14.06.2017.

2.

At the outset, the assessee, vide its letter dated 04.01.2021, has requested for withdrawal of the appeal as 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” and has applied Form Nos. 1 and 2 for the same before the designated authority.

3.

However, it is submitted by the applicant that the aforesaid be subjected to a caveat that in case the dispute relating to tax arrears for the assessment year under consideration is not ultimately resolved in terms of the aforestated Scheme, the parties shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. As the learned DR has no objection with regard to the aforesaid caveat, accordingly, we hold so. 4. In view of the aforesaid, the captioned appeals of the Revenue as well as assessee are dismissed as withdrawn. Order pronounced in the open court on 5th January, 2021.

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