INDIAN PORTFOLIO LTD.,NEW DELHI vs. ITO WARD-12(2), NEW DELHI

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ITA 4300/DEL/2019Status: DisposedITAT Delhi11 January 2021AY 2010-112 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The Tribunal dismissed the assessee's appeal as withdrawn. However, it allowed the assessee to approach the Tribunal for reinstitution if the dispute is not resolved under the Vivad Se Vishwas scheme.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2010-11. The assessee later filed an application to withdraw the appeal as they had opted for the Vivad Se Vishwas scheme.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Hearing: 29/12/2020Pronounced: 11/01/2021

ORDER

PER ANIL CHATURVEDI, AM:

1.

This appeal filed by the assessee is directed against the order dated 30.03.2019 of the Commissioner of Income Tax (A)- 22, New Delhi relating to Assessment Year 2010-11.

2.

Before us, assessee has moved an application dated 24.12.2020 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-

Indian Portfolio Ltd. vs. ITO A.Y. 2010-11 2 1) and undertaking (Form-2) Scheme and had requested to allow the withdrawal of appeal.

3.

After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 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. With these directions the appeal of the assessee is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed. 4.

Order pronounced in the open court on 11.01.2021

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