EICHER MOTORS LTD,NEW DELHI vs. ITO, NEW DELHI

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ITA 792/DEL/2013Status: DisposedITAT Delhi16 November 2020AY 2007-083 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 ITAT ordered the appeal to be consigned to records and treated as dismissed. However, this dismissal is conditional upon the successful resolution of the dispute under the Vivad Se Vishwas Act.

What were the facts?

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

What were the issues?

Whether an appeal can be withdrawn and dismissed if the assessee opts for settlement under the Vivad Se Vishwas Act. The conditionality of the dismissal based on the success of the settlement.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.S. PANNU & SHRI AMIT SHUKLA

For Appellant: Shri Deepesh Jain, CA
For Respondent: Shri Umesh Takyar, Sr. DR
Hearing: 17.11.2020Pronounced: 17.11.2020

PER G.S. PANNU, VICE PRESIDENT

1.

This appeal by the assessee is directed against the order of learned Commissioner of Income Tax(A)-V, New Delhi dated 08.01.2013 and pertains to assessment year 2007-08.

The learned counsel for the assessee, vide its letter dated 17th November, 2. 2020, has requested for withdrawal of the appeal filed by him and stated that ITA 792/D/2013 the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Act, 2020 (in short ‘the Act ’).

3.

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

4.

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.

5.

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 17th November, 2020.

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