VASP ENTERPRISES PVT. LTD.,NEW DELHI vs. ITO, WARD- 26(2), NEW DELHI

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ITA 2532/DEL/2019Status: DisposedITAT Delhi16 November 2020AY 2009-103 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 decided to consign the appeal to records and treat it as dismissed, given the assessee's settlement under the Vivad Se Vishwas Scheme. This dismissal is conditional upon the successful resolution of the dispute under the scheme.

What were the facts?

The assessee had appealed an order from the CIT(A) for the assessment year 2009-10. The assessee subsequently informed the tribunal that they had opted to settle the tax dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the status of the appeal after the assessee opted for settlement under the Vivad Se Vishwas Scheme. The tribunal had to decide how to proceed with the pending appeal in light of this settlement.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

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

For Appellant: Shri Ankit Jain, Advocate
For Respondent: Shri M. Barnwal, Sr. DR
Hearing: 16.11.2020Pronounced: 16.11.2020

PER G.S. PANNU, VICE PRESIDENT

1.

This appeal by the assessee is directed against the order of learned CIT(A)-28, New Delhi dated 21.01.2019 and pertains to assessment year 2009-10.

2.

The learned counsel for the assessee, vide his letter dated 30.10.2020, has intimated the Tribunal that the assessee has opted to settle the dispute ITA 2532/D/2019 relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020.

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 16th November, 2020.

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