DCIT, NEW DELHI vs. M/S. GAIL (INDIA) LTD., NEW DELHI

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ITA 3487/DEL/2015Status: DisposedITAT Delhi31 December 2020AY 2009-102 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the assessee's request for withdrawal due to opting for the Vivad Se Vishwas Scheme. It allowed the withdrawal with a caveat that appeals could be reinstituted if the settlement was not resolved.

What were the facts?

The assessee, Gail (India) Ltd., requested the withdrawal of its appeals before the ITAT. This was because the assessee had opted to settle tax arrears under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw appeals pending before the Tribunal due to opting for a tax settlement scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “C” BENCH: NEW DELHI

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

Hearing: 31.12.2020Pronounced: 31.12.2020

Heard together (2 matters)

ITA Nos.2672/Del/2017
ITA Nos.1965/Del/2017

Read from the judgment's own cause title. This page is filed under one of them.

PER G.S. PANNU, VP : These appeals by the Revenue and the assessee for the assessment years 2008-09 to 2012-13 are directed against the orders of learned CIT(A), New Delhi.

2.

The assessee, vide its letter dated 31.12.2020, received through email, has requested for withdrawal of the captioned appeals as the assessee has opted to settle the dispute relating to the tax arrears for the assessment years under consideration under the ”Vivad Se Vishwas Scheme, 2020”.

3.

However, it is also submitted by the applicant that the aforesaid be subjected to a caveat that in case the dispute relating to tax arrears for the captioned assessment years is not ultimately resolved in terms of the aforestated Act, 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 Ld.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 consigned to record and, are treated as dismissed.

1.

Above decision was announced on conclusion of Virtual Hearing in the presence of both parties on 31st December, 2020.

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