ONGC VIDESH LTD.,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 7, NEW DELHI
What did the Tribunal hold?
The Tribunal decided to consign the appeal to record and treat it as dismissed. However, this dismissal is conditional upon the dispute not being resolved under the Vivad Se Vishwas scheme, allowing the assessee to seek reinstitution of the appeal.
What were the facts?
The assessee requested an adjournment for their appeal as they had opted for the Vivad Se Vishwas scheme and were awaiting the relevant form. The Tribunal considered this situation in light of the scheme.
What were the issues?
Whether an appeal can be dismissed due to the assessee opting for a tax dispute resolution scheme, with a provision for reinstitution if the scheme fails.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “I-2”: NEW DELHI
Before: SHRI R.K. PANDA & SHRI KULDIP SINGH
This appeal filed by the assessee is directed against the order dated 31st July, 2017 passed by the Ld. CIT (A)-42 New Delhi relating to assessment year 2012-13.
The Ld. Counsel for the assessee, requested for adjournment of the case on the ground that assessee has opted for the Vivad Se Vishwas scheme 2020 and Form No. 3 is still awaited.
Considering the aforesaid situation, the captioned appeal is consigned to record and treated as dismissed. However, the aforesaid is subject to a caveat that in case the dispute relating tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid scheme, 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 Revenue has no objection with regard to the aforesaid caveat.
In view of the aforesaid, the appeal of the assessee is consigned to record and for statistical purposes is treated as dismissed.
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