SH. ANIL KUMAR CHHABRA,DELHI vs. DCIT, NEW DELHI

PDF · subscribers
ITA 2726/DEL/2016Status: DisposedITAT Delhi14 December 2020AY 2011-122 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The tribunal noted the assessee's participation in the Vivad se Vishwas Scheme and treated the appeal as withdrawn. The appeal was dismissed with liberty to seek recall if the settlement process was not completed.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order concerning the taxation of Rs. 57,05,314/- under Section 2(22)(e). The assessee later informed the tribunal that they had opted for the Vivad se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the taxability of certain payments under Section 2(22)(e). However, the appeal was disposed of due to the assessee opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 2(22)(e)

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINISHRI PRASHANT MAHARISHI

For Appellant: Shri V. Raj Kumar, Adv.;
For Respondent: Shri H.K. Choudhar [CIT] - DR
Hearing: 14/12/2020Pronounced: 14/12/2020

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This appeal is filed by the assessee against the order of the ld. CIT (Appeals)-16, New Delhi, dated 2.02.2016 for Assessment Year 2011-12, raising solitary ground of appeal

about taxing Rs.57,05,314/- under Section 2(22)(e) of the Income Tax Act, 1961 (the Act).

2. At the time of hearing the ld. Authorized Representative submitted before us a letter dated 12th December, 2020 stating that assessee has already filed Form Nos. 1 and 2 for settlement of the dispute under Vivad se Vishwas Scheme, 2020. Form No. 3 is yet to be received.

3. The ld. DR agreed that in the above circumstances the appeal may be treated as withdrawn.

4. We have carefully considered the letter dated 12th December, 2020 of the learned AR and note that assessee has already filed Form Nos. 1 and 2 under Vivad se Vishwas Scheme, 2020. Therefore, appeal of the assessee is treated as withdrawn and hence dismissed with liberty that in case Form No. 3 is not issued by the authority, the assessee has a right to file an application for recall of this order.

5. In view of this the appeal of the assessee is treated as withdrawn and hence dismissed.

Order pronounced in the open court on: 14/12/2020.

More judgments on Section 2(22)(e)

All 1,757 judgments and leading authorities on Section 2(22)(e) →

Recent GST High Court judgments

Search GST case law →