SWARO vs. KI INDIA PVT. LTD.,NEW DELHI

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ITA 6066/DEL/2014Status: DisposedITAT Delhi17 December 2020AY 2002-032 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against an order for AY 2002-03. The assessee later filed an application to withdraw the appeal as they had opted for the Vivad Se Vishwas scheme.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

For Appellant: Shri Divyansh Singh, Adv
For Respondent: Shri Ajit Kumar Singh, CIT(DR)
Hearing: 08/12/2020Pronounced: 17/12/2020

ORDER

PER ANIL CHATURVEDI, AM:

1.

The above appeal by the assessee is preferred against the order of the Commissioner of Income Tax (Appeals)-XX, New Delhi dated 08.08.2014 pertaining to Assessment Year 2002-03.

2.

Before us, assessee has moved an application dated 7th December 2020 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration

Swarovski India Pvt. Ltd. vs. ACIT A.Y. 2002-03 2 (Form-1) and undertaking (Form-2) Scheme and Designated Authority is yet to issue certificate in Form-3.

3.

After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid 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. With these directions the appeal of the assessee is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed. 4.

Order pronounced in the open court on 17.12.2020

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