PUSPAHAS AGRAWAL,NOIDA vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

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ITA 7288/DEL/2019Status: DisposedITAT Delhi18 December 2020AY 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 consigned the appeal to records and treated it as dismissed. This dismissal is subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas Scheme, the assessee can approach the Tribunal for reinstitution of the appeal.

What were the facts?

The assessee filed an appeal for the assessment year 2010-11. The assessee subsequently requested the withdrawal of the appeal, stating they had opted to settle the dispute under the "Vivad Se Vishwas Scheme, 2020".

What were the issues?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “FRIDAY-A” BENCH: NEW DELHI

Before: SHRI G.S. PANNU & SHRI SUDHANSHU SRIVASTAVA

Hearing: 18.12.2020Pronounced: 18.12.2020

PER G.S. PANNU, VP : This appeal by the assessee for the assessment year 2010-11 is directed against the order of learned CIT(A)-IV, Kanpur dated 09.05.2019.

2.

None appeared on behalf of the assessee at the time of Virtual hearing before us. The assessee, vide its letter dated 10.12.2020, received through email, has requested for withdrawal of the appeal filed by him 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 Scheme, 2020”.

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 aforestated 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 is consigned to record and, for statistical purposes, is treated as dismissed.

Above decision was announced on conclusion of Virtual Hearing on 18th December, 2020.

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