VITTHAL MAHESHWARI (HUF),NEW DELHI vs. ITO WARD - 40(2), NEW DELHI

PDF · subscribers
ITA 8480/DEL/2019Status: DisposedITAT Delhi31 December 2020AY 2015-162 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 acknowledged the assessee's request to withdraw the appeal. The appeal was consigned to records and treated as dismissed, subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas Act, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal for assessment year 2015-16. The assessee later requested withdrawal of the appeal via email. This was due to opting to settle the dispute under the Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was the assessee's request to withdraw an ongoing appeal due to opting for a settlement scheme.

AI-generated summary — verify with the full judgment below

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

Hearing: 31.12.2020Pronounced: 31.12.2020

ORDER PER G.S.PANNU, VP:

This appeal by the assessee for the assessment year 2015-16 is directed against the order of learned CIT(A)-14, New Delhi dated 22.08.2019.

2.

The learned counsel for the assessee, vide email dated 29.12.2020 has requested for withdrawal of the appeal filed by the assessee and 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 Act, 2020 (in short ‘the Act’).

M/s. Vitthal Maheshwari (HUF) Vs. ITO

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 aforesaid 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 of the assessee is consigned to record and, for statistical purposes, is treated as dismissed. Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 31st December, 2020.

Recent GST High Court judgments

Search GST case law →