SEAVIEW DEVELOPERS PVT. LTD.,NEW DELHI vs. ADDL.CIT, RANGE-8, NEW DELHI

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ITA 5578/DEL/2018Status: DisposedITAT Delhi21 March 2025AY 2011-12Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI CHALLA NAGENDRA PRASAD (Judicial Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the assessee's election to settle under the DTVSVS 2024 and treated the appeal as withdrawn. The assessee was granted liberty to file a miscellaneous application for recall of the order if the Department does not accept the DTVSVS application.

What were the facts?

The assessee filed an appeal against an assessment order for AY 2011-12. Subsequently, the assessee opted to settle the disputes under the Direct Tax Vivad se Vishwas Scheme, 2024, and filed Form 1, requesting the appeal to be kept in abeyance.

What were the issues?

Whether an appeal should be dismissed as withdrawn when the assessee opts for settlement under the Direct Tax Vivad se Vishwas Scheme, with a provision for recall if the settlement is not accepted.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI

Before: SHRI SHAMIM YAHYA & SHRI CHALLA NAGENDRA PRASAD

For Appellant: Shri K.M. Gupta, Adv
For Respondent: Shri Rajesh Mahajan, Sr. DR
Hearing: 21.03.2024

सुनवाईक�तारीख/ Date of hearing: 21.03.2024 21.03.2025 उ�ोषणाक�तारीख/Pronouncement on आदेश /O R D E R PER C.N. PRASAD, J.M. The instant appeal, filed by the assessee, is directed against the order dated 08.03.2017 passed by the Ld. Commissioner of Income Tax (Appeals)-8, New Delhi, arising out of the assessment order dated 11/03/2014 u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), for the assessment year 2011-12.

2.

Ld. Counsel for the assessee vide letter dated 21/03/2025 submitted that the assessee had opted to settle the disputes in appeal through Direct Tax Vivad se Vishwas Scheme, 2024 and accordingly Form 1 has been filed on 31/01/2025. A copy of Form 1 is placed on record. The Counsel thus, requested the Bench to keep the appeal in abeyance till Form 2 is issued by the Department.

3.

Heard rival submissions, perused Form 1 filed by the assessee under DTVSVS 2024. It is observed from the said Form that the assessee opted to settle the disputes in appeal in AY 2011-12 under DTVSVS and the same is pending for consideration by the Department. Since the assessee has opted under DTVSVS to settle the issues in appeal, this appeal is treated as withdrawn. However, in the event of the Department not accepting the application filed by the assessee under DTVSVS 2024, for any reason, the assessee is at liberty to file miscellaneous application for recall of the order of the Tribunal. With these observations this appeal is treated as withdrawn.

4.

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

Order pronounced in the open court on 21.03.2025

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