MINDA CAPITAL PVT. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 13, NEW DELHI

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ITA 7337/DEL/2017Status: DisposedITAT Delhi15 December 2020AY 2013-142 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the dispute is not resolved under the VSV scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee opted for the Vivad Se Vishwas (VSV) scheme. The assessee requested to withdraw the appeal before the ITAT, and the Revenue had no objection.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. ANIL CHATURVEDI & SH. KULDIP SINGH

For Appellant: Shri Deepesh Kr. Garg, Adv
For Respondent: Shri Surender Pal, CIT(DR)
Hearing: 10/12/2020Pronounced: 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)-XXVI, New Delhi dated 09.10.2017 pertaining to Assessment Year 2013-14.

2.

Before us, Learned AR has submitted that the assessee has opted for Vivad Se Vishwas (VSV) and, therefore, it may be M/s. Minda Capital Pvt. Ltd. vs. ACIT A.Y. 2013-14 2 allowed to withdraw the appeal. Learned DR has no objection to the withdrawal.

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After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 With these directions the appeal of the assessee is dismissed as withdrawn.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