TATA TELESERVICES LTD.,NOIDA vs. ACIT, NEW DELHI

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ITA 6238/DEL/2016Status: DisposedITAT Delhi17 December 2020AY 2005-063 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The Tribunal considered the Revenue's submission that the appeal should be treated as withdrawn if the assessee is opting for the Vivad se Vishwas Scheme. The Tribunal dismissed the adjournment application and treated the appeal as withdrawn, subject to the assessee being granted Form No. 3 under the scheme.

What were the facts?

The assessee filed an appeal for Assessment Year 2011-12. The assessee's counsel requested an adjournment, stating the assessee was opting for the Vivad se Vishwas Scheme.

What were the issues?

Whether an appeal should be treated as withdrawn when the assessee opts for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHUVNESH SAINISHRI PRASHANT MAHARISHI

For Respondent: Shri Vipul Kashyap, Sr. D.R.;
Hearing: 17/12/2020Pronounced: 17/12/2020

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

1.

This appeal is filed by the assessee for Assessment Year 2011-12 against the order of the ld. CIT (Appeals)-14, New Delhi, dated 30th September, 2016.

2.

When the matter was called for hearing, the Counsel of the assessee filed a letter dated 16th December, 2020 stating that the assessee is applying to settle the above dispute by making an application under Vivad se Vishwas Scheme. However, the Counsel of the assessee requested that this appeal may be adjourned. 3. The ld. DR submitted that when the assessee is applying Vivad se Vishwas Scheme, the appeal of the assessee may be treated as withdrawn. 4. We have carefully considered the contentions of the learned DR. In the application for adjournment, assessee has stated that assessee is applying for Vivad se Vishwas Scheme, therfore there is no useful purpose in adjourning this appeal. As it is a statement made by the assessee through its Counsel in its adjournment application that assessee is opting for Vivad Page | 1 se viswas scheme, we dismiss the adjournment application of the assessee and treat the appeal of the assessee as withdrawn, subject to granting of Form No. 3 under Vivad se Vishwas Scheme to the assessee. In case if the assessee is not granted Form No. 3 then assessee is permitted to file Miscellaneous application for recall of this order. Accordingly we treat the appeal as withdrawn and hence dismissed.

Order pronounced in the open court on : 17/12/2020.

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