GARGIYA FINANCE & INVESTMENT P.LTD,NEW DELHI vs. ITO, WARD-11(3), NEW DELHI

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ITA 3705/DEL/2019Status: DisposedITAT Delhi05 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 application to withdraw the appeal due to opting for the Vivad Se Vishwas scheme. The appeal was consigned to record and treated as dismissed, with a caveat.

What were the facts?

The assessee filed an appeal against an order for assessment year 2014-15. No one appeared for the assessee during the hearing, but an application to withdraw the appeal was filed.

What were the issues?

Whether the appeal should be dismissed as withdrawn by the assessee due to opting for the Vivad Se Vishwas scheme.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 BENCH “SMC-2”: NEW DELHI

Before: SHRI R.K. PANDA

For Respondent: Ms. Shivani Bansal,Sr. DR
Hearing: 05/01/2021

This appeal filed by the assessee is directed against the order dated 1st February, 2019 passed by the Ld. CIT (A) 35 New Delhi relating to assessment year 2014-15.

2.

None appeared on behalf of the assessee, at the time of hearing. However, an application seeking permission to withdraw the appeal has been filed on the ground that the assessee has opted for Vivad Se Vishwas scheme 2020.

3.

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.

4.

In view of the aforesaid, the appeal of the assessee is consigned to record and for statistical purposes is treated as dismissed.

5.

The above decision was announced in the presence of both the sides and on conclusion of Virtual Hearing on 5th January, 2021.

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