What did the Tribunal hold?

The Tribunal consigned the appeal to records and treated it as dismissed. This dismissal is subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas Act, the assessee can seek reinstitution of the appeal.

The assessee requested withdrawal of the appeal filed before the ITAT. This was due to opting to settle tax arrears under the Vivad Se Vishwas Act, 2020. The Revenue had no objection to this request.

What were the issues?

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

Varun Tyagi, New Delhi vs ITO | ITAT Delhi 2020

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

Before: SHRI G.S. PANNU

For Appellant: Shri Sanat Kapoor, Advocate

For Respondent: Shri M. Baranwal, Sr. DR

Pronounced: 24.11.2020

PER G.S. PANNU, VICE PRESIDENT

This appeal by the assessee is directed against the order of learned CIT(A)-12, New Delhi dated 07.09.2018 and pertains to assessment year 2015-16.

The assessee, vide letter dated 11th November, 2020, has requested for 2. withdrawal of the appeal filed by him and stated that the assessee has opted to ITA 44/Del/2019 settle the dispute relating to the tax arrears for the assessment years under consideration under the Vivad Se Vishwas Act, 2020 (in short ‘the Act').

Considering the aforesaid situation, the captioned appeal is consigned to records and treated as dismissed.

However, the aforesaid is 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 aforestated Act, the appellant (i.e., 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. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat.

In view of the aforesaid, the appeal is consigned to record and, for statistical purposes, is treated as dismissed.

Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 24th November, 2020.

VARUN TYAGI,NEW DELHI vs. ITO, WARD-35(5), NEW DELHI

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