POSCO ENGINEERING & CONSTRUCTION INDIA PVT. LTD.,GURGAON vs. DCIT, CIRCLE- 3, GURGAON

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ITA 7394/DEL/2017Status: DisposedITAT Delhi12 January 2021AY 2012-132 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 noted the assessee's decision to settle the dispute under the Vivad Se Vishwas Act and requested withdrawal of the appeal. The appeal was consequently consigned to records and treated as dismissed.

What were the facts?

The assessee filed an appeal against an assessment order. The assessee subsequently opted to settle the tax arrears under the Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘ I-2’ NEW DLEHI

Before: SHRI ANIL CHATURVEDI & SHRI K. NARASIMHA CHARY

For Appellant: Ms. Shubhangi Arora, Adv
Hearing: 12/01/2021

PER ANIL CHATURVEDI, AM:

1.

This appeal is filed by the assessee being aggrieved by the Assessment Order dated 13.10.2017 for assessment year 2012-13, pursuant to the directions dated 02.09.2017 of the Dispute Resolution Panel -I, New Delhi (“Ld. DRP”).

Learned Counsel for the assessee, vide letter dated 11th January, 2. 2021, has intimated that the assessee has opted to settle the dispute relating to the tax arrears under the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) for the assessment year under consideration and requested for withdrawal the said appeal.

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 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 Revenue has no objection with regard to the aforesaid caveat.

5.

In view of the aforesaid, the appeal is consigned to record and, for statistical purposes, is treated as dismissed.

Order was announced on conclusion of Virtual Hearing in the presence of both the parties on 12th January, 2021.

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