DCIT (EXEMPTION), NEW DELHI vs. M/S. SHRI RAM SCIENTIFIC & INDUSTRIAL RESEARCH FOUNDATION, NEW DELHI

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ITA 4888/DEL/2016Status: DisposedITAT Delhi12 January 2021AY 2012-133 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 consigned the appeal to records and treated it as dismissed, subject to the condition that the assessee can seek reinstitution if the dispute is not resolved under the Vivad se Vishwas Act.

What were the facts?

The Revenue filed an appeal against an order for Assessment Year 2012-13. The assessee opted to settle the dispute under The Direct Tax Vivad se Vishwas Act, 2020 and filed the necessary declaration.

What were the issues?

Whether the appeal should be dismissed due to the assessee opting for settlement under The Direct Tax Vivad se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

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

For Appellant: Ms. Parul Singh, Sr. DR
For Respondent: CA 12.01.2021
Pronounced: 12.01.2021

ORDER PER SUDHANSHU SRIVASTAVA, JM: This appeal is preferred by the Revenue against order dated 10.06.2016 passed by the Learned Commissioner of Income Tax (Exemptions)-40, New Delhi {CIT(E)} for Assessment Year 2012-13.

DCIT vs. Shri Ram Scientific Research Foundation Diamond Press Building 2.0 The Ld. Authorized Representative (AR) submits that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under The Direct Tax Vivad se Vishwas Act, 2020. It has been stated that the necessary declaration in accordance with Section 4 of The Direct Tax Vivad se Vishwas Act, 2020 has been filed by the assessee. The Ld. AR has prayed for withdrawal of the appeal.

3.0 Considering the aforesaid situation, the captioned appeal is consigned to the records and treated as dismissed.

4.0 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 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.

DCIT vs. Shri Ram Scientific Research Foundation Diamond Press Building 5.0 In view of the aforesaid, the appeal is consigned to the records and, for statistical purposes, is treated as dismissed.

Above decision was announced on conclusion of Virtual Hearing on 12th January, 2021.

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