DRAKE PROPERTIES PVT LTD,NEW DELHI vs. DCIT CIRCLE-7(2), NEW DELHI

PDF · subscribers
ITA 7094/DEL/2019Status: DisposedITAT Delhi05 January 2021AY 2014-152 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 accepted the assessee's request to withdraw the appeal. However, if the settlement under the scheme is not finalized, the assessee can approach the Tribunal to re-institute the appeal.

What were the facts?

The assessee requested to withdraw the appeal as they opted to settle tax arrears under the Vivad se Vishwas Scheme, 2020. They had applied for the scheme and were awaiting further confirmation.

What were the issues?

The primary issue was whether the appeal should be withdrawn due to the assessee's participation in the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC-1’ NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI O.P. KANT

For Appellant: Shri V. Raja Kumar, Adv
For Respondent: Shri Sriprakash Dubey, Sr.DR
Hearing: 24.12.2020Pronounced: 05.01.2021

ORDER PER O.P. KANT, AM:

The present appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-37, New Delhi, dated 27.06.2019 passed for assessment year 2014-15. 2. The learned counsel for the assessee has requested for withdrawal of the appeal filed by the assessee and stated that the assessee has opted to settle the dispute relating to tax arrears for assessment year under consideration under the ‘Vivad Se Vishwas Scheme, 2020’ and has applied Form Nos. 1 and 2 for the same. The Form No. 3 is still awaited.

3.

Learned DR did not object to the same.

4.

In view of above, we accept the request of the assessee for withdrawal of the appeal. However, if the dispute relating to tax arrears is not ultimately resolved in terms of the ‘Vivad Se Vishwas Scheme, 2020’, the assessee shall be at liberty to approach the Tribunal for re-institution of the appeal and the Tribunal shall consider such application appropriately as per law.

5.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 5th January, 2021.

Recent GST High Court judgments

Search GST case law →