UMESH GARG,GHAZIABAD vs. DCIT CENTRAL CIRCLE-27, NEW DELHI

PDF · subscribers
ITA 1733/DEL/2020Status: FixedITAT Delhi01 January 2021AY 2013-143 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. Consequently, the appeal was consigned to records and treated as dismissed.

What were the facts?

The assessee filed an appeal for the assessment year 2013-14. 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 assessee's withdrawal of the appeal due to opting for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.S. PANNU & SHRI K.N. CHARY

For Appellant: Shri Divyansh Jain, Advocate
For Respondent: Shri Jagdish Singh, Senior DR
Hearing: 01.01.2021Pronounced: 01.01.2021

ORDER PER G.S. PANNU, VP :

This appeal by the assessee for the assessment year 2013-14 is directed against the order of learned CIT(A)-29, New Delhi, dated 16.02.2017.

2.

The learned counsel for the assessee, vide email dated 31.12.2020 has requested for withdrawal of the appeal filed by the assessee and stated that 2 ITA-1733/Del/2020 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 (in short ‘the Act’).

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.

Above decision was announced in the presence of both the sides on conclusion of Virtual Hearing on 01st January, 2021.

Recent GST High Court judgments

Search GST case law →