What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and the declaration was accepted by the Revenue. Consequently, the appeal was treated as withdrawn.

The assessee filed an appeal against the CIT(A)'s order confirming the AO's disallowance of depreciation on motor vehicles. During the hearing, it was informed that the assessee had opted for the Vivad Se Vishwas Scheme, 2020, and the declaration was accepted.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Barrier Foils Pvt. Ltd., New Delhi vs DCIT | ITAT Delhi 2020

(A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals)-2, New Delhi, [“Ld. CIT(A)”, for short], dated 15.03.2017 for Assessment Year 2013-14. Grounds taken in this appeal of Assessee are as under:

“1. That on the facts and circumstances of the case, the order under section 250 of the Act dated 15th March 2017 passed by the Commissioner of Income Tax (Appeals) (“Ld. CIT(A)”) (“Impugned Order”) confirming the order u/s 143(3) of the Act by the Learned Assessing Officer (“Ld. AO”) dated 30th December, 2015 (“Assessment Order”) is erroneous and bad in law.

ITA No.- 4797/Del/2017. Barrier Foils Pvt. Ltd.

That on the facts and in the circumstances of the case, the Ld.CIT(A) grossly erred in law and on facts of the case in confirming the order passed by Ld. AO. 3. that on the facts and circumstances of the case, the Ld. CIT(A) grossly erred in law and on facts of the case in confirming disallowance of Rs. 9,39,602/- made by Ld. AO on account of depreciation claimed on motor vehicle and making a further disallowance of Rs. 3,45,001/- on account of depreciation claimed on Motor Vehicle by the Appellant Company.

The appellant craves leave to add, to amend, to modify, rescind, supplement or alter any of the grounds stated here-in-above either before or at the time of hearing of the appeal.”

(B) At the time of hearing, we took notice of letter filed by Sri Gagan Kumar, Advocate and Authorized Representative (from M/s Krishnomics Legal). In this letter it has been intimated from the assessee’s side that the declaration filed by assessee under Vivad Se Vishwas Scheme, 2020 (“VSVS”, for short) has been accepted by Revenue; and further, that Form 3 has also already been issued by designated authority. In view of this, the learned Senior Departmental Representative (“Ld. Sr. DR”, for short) submitted before us that this appeal may be treated as withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration, in view of the foregoing; we treat this appeal as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal is dismissed.

ITA No.- 4797/Del/2017. Barrier Foils Pvt. Ltd. This order was already pronounced on 31st December, 2020 in Open Court, in the absence of any representative from assessee’s side, but in the presence of Ld. Sr. DR; after conclusion of the hearing.

BARRIER FOILS PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 4(1), NEW DELHI

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