ITO WARD-2(5), NOIDA vs. VIKRAM AGARWAL, NOIDA

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ITA 4245/DEL/2019Status: DisposedITAT Delhi31 December 2020AY 2010-112 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 decided to consign the appeal to records and treat it as dismissed, subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas Scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The Revenue filed an appeal for assessment year 2010-11. The assessee informed the tribunal that they have opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the status of the Revenue's appeal given the assessee's settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “SMC-2” BENCH: NEW DELHI

Before: SHRI R.K.PANDA

Hearing: 31.12.2020Pronounced: 31.12.2020

PER R.K.PANDA, AM :

1.

This appeal by the Revenue for the assessment year 2010-11 is directed against the order of learned CIT(A)-1, Noida dated 29.11.2018.

2.

The learned counsel for the assessee, vide its letter dated 30.12.2020, has stated that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020”. The assessee requested that the Departmental appeal which is being settled under the above Act be treated as withdrawn subject to no objection by the Department.

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, and accordingly we hold so.

5.

In the result, the appeal of the Revenue is dismissed as withdrawn.

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

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