TARUN MAHESHWARI,NEW DELHI vs. ACIT CENTRAL CIRCLE-19, NEW DELHI

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ITA 6519/DEL/2019Status: DisposedITAT Delhi26 November 2020AY 2014-152 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 consigned the appeals to records and treated them as dismissed, subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas Act, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee filed appeals for multiple assessment years. The assessee subsequently opted to settle the tax arrears under the Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeals should be dismissed due to the assessee opting for settlement under the Vivad Se Vishwas Act, with a provision for reinstitution if the settlement fails.

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 ‘A’: NEW DELHI

Before: SHRI G.S. PANNU

For Appellant: Shri. Ravi Pratap Mall, Adv, Shri. Shyam Sunder, Adv
For Respondent: Shri. M. Baranwal, Sr. DR
Hearing: 26.11.2020Pronounced: 26.11.2020

ORDER PER G.S. PANNU, VP : These appeals by the same assessee for the different assessment years 2011-12 to 2016-17 is directed against the orders of learned CIT(A), New Delhi all dated 25.06.2019.

2.

The learned counsel for the assessee, vide his letter dated 24.11.2020, has intimated the Tribunal that the assessee has opted to settle the dispute relating to the tax arrears for the assessment years under consideration under 2 ITAs-6516 to 6521/Del/2019 the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) and requested for withdrawal of the said appeals.

3.

Considering the aforesaid situation, the captioned appeals are 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 appeals 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 appeals are consigned to record and, for statistical purposes, are treated as dismissed. Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 26th November, 2020.

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