ANURADHA ARORA,GHAZIABAD vs. ITO, WARD-1(1), GHAZIABAD

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ITA 7759/DEL/2018Status: DisposedITAT Delhi10 December 2020AY 2015-162 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 allowed the assessee to withdraw the appeals, subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas scheme, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee filed appeals against the orders of the CIT(A) for AY 2014-15 and 2015-16. The assessee subsequently applied to withdraw the appeals.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: SH. ANIL CHATURVEDI & SH. K. N. CHARY

For Appellant: Shri Kapil Goel, Adv
For Respondent: Shri Satpal Gulati, CIT-DR
Hearing: 02.12.2020Pronounced: 10.12.2020

ORDER PER ANIL CHATURVEDI, AM: These appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals)-Ghaziabad passed under section 143(3) of the Act, 1961 order dated 23.12.2016 & 29.12.2017 for Assessment Years 2014-15 & 2015- 16 respectively.

2.

Before us, assessee has moved an application dated 1st Dec 2020 wherein the assessee has stated that it intends to withdraw & 7759/Del/2018 the appeals as assessee has opted for Vivad Se Vishwas (VSV) Scheme and has received Form No.3 acknowledged from PCIT. Learned DR for the Revenue has no objection to the same.

3.

After considering the request made by the assessee, we allow the assessee to withdraw its appeal 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 With these directions both the appeals of the assessee are dismissed as withdrawn.

4.

In the result, both the appeals are dismissed.

Order pronounced in the open court on 10.12.2020

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