M/S. INNOVATIVE STEELS PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

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ITA 4283/DEL/2011Status: DisposedITAT Delhi09 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 noted that the assessee had opted for the Vivad se Vishwas Scheme. Consequently, the appeals were treated as withdrawn and dismissed.

What were the facts?

The assessee filed four appeals before the ITAT for assessment years 2002-03 to 2005-06. The assessee had opted for the Vivad se Vishwas Scheme and filed the initial forms, but the final settlement form was awaited.

What were the issues?

The primary issue was whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme, pending final settlement.

AI-generated summary — verify with the full judgment below

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

Before: SHRI AMIT SHUKLASHRI PRASHANT MAHARISHI

For Appellant: Shri Salil Aggarwal, Adv.;
For Respondent: Shri Gaurav Dudeja, Sr. DR
Hearing: 09/12/2020

O R D E R PER BENCH :

1.

These are four appeals filed by the assessee before the co-ordinate bench for AY 2002-03 to 2005-06 against the order of the ld CIT (A) .

2.

At the time of hearing the ld. AR submitted that assessee has already opted for Vivad se Vishwas Scheme and has filed Form Nos. 1 & 2 under that Scheme, but Form No. 3 to be issued settling the dispute in the above impugned appeals is awaited. 3. The ld. DR submitted that as assessee has already opted for Vivad se Vishwas Scheme, these appeals are to be treated as withdrawn. 4. We have carefully considered the rival contentions and as submitted by the ld. AR assesse has already opted for Vivad se Vishwas Scheme in all these four appeals by filing Form Nos. 1 and 2 under that Scheme, but Form No. 3 be issued by the Pr. Commissioner of Income Tax is awaited, therefore, all Page | 1 these four appeals are treated as withdrawn and hence dismissed with a liberty to the assessee that in case Form No. 3 is not issued, assessee may prefer a Miscellaneous Application for recall of these orders and then the issue would be decided on merits. 5. In view of the above facts all these four appeals are treated as withdrawn and hence dismissed.

Order pronounced in the open court on : 09 /12/2020.

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