RAJINDER KUMAR (HUF),NEW DELHI vs. ITO WARD 39(4), NEW DELHI

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ITA 3407/DEL/2019Status: DisposedITAT Delhi27 November 2020AY 2014-152 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 under the Vivad Se Vishwas Act and consequently consigned the appeal to records. The dismissal is subject to the condition that if the dispute is not resolved under the Act, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal for assessment year 2014-15. The assessee subsequently opted to settle the dispute under the Vivad Se Vishwas Act, 2020 and requested withdrawal of the appeal.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.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 FRIDAY BENCH ‘A’: NEW DELHI

Before: SHRI G.S. PANNU & SHRI AMIT SHUKLA

For Appellant: Shri. Vaibhav Jain, Adv
For Respondent: Shri. M. Baranwal, Sr. DR
Hearing: 27.11.2020Pronounced: 27.11.2020

BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI AMIT SHUKLA, JUDICIAL MEMBER Assessment Year : 2014-15 Rajinder Kumar (HUF), Vs. Income Tax Officer, F-3/30, Sec-11, Rohini, Ward-39(4), New Delhi New Delhi PAN-AAGHR2126C (Appellant) (Respondent) Appellant by : Shri. Vaibhav Jain, Adv Respondent by : Shri. M. Baranwal, Sr. DR Date of hearing : 27.11.2020 Date of pronouncement : 27.11.2020 ORDER PER G.S. PANNU, VP : This appeal by the assessee for the assessment year 2014-15 is directed against the order of learned CIT(A), New Delhi dated 04.02.2019.

2.

The learned counsel for the assessee, vide his letter dated 23.11.2020, has intimated the Tribunal that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under 2 ITA 3407/Del/2019 the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) and requested for withdrawal of 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 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 in the presence of both the parties on 27th November, 2020.

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