What did the Tribunal hold?

The Tribunal treated the appeals as withdrawn by the assessee due to the intention to settle the disputes under the Vivad Se Vishwas Scheme. The assessee was granted liberty to approach the Tribunal for restoration if the disputes are not settled under the scheme.

The assessee filed two appeals before the ITAT for assessment years 2014-15 and 2015-16. The assessee subsequently moved an application to settle the disputes under the Vivad Se Vishwas Scheme.

What were the issues?

Whether the appeals should be treated as withdrawn by the assessee in light of their intention to avail the Vivad Se Vishwas Scheme.

Nitin Gupta, New Delhi vs Ward 61(2), New Delhi | ITAT Delhi 2020

Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI

Before: SH. H.S.SIDHU & SH. ANADEE NATH MISSHRA

For Respondent: Ms. Rakhi Vimal, Sr. DR

Hearing: 27.10.2020Pronounced: 28.10.2020

These two appeals filed by the assessee are directed against the appellate order of the Ld. CIT(A)-20, New Delhi, dated 31.01.2019 for the assessment years 2015-16 and 2014-15. 2. These two appeals are disposed of by this common order for the sake of convenience.

2 (ITA No. 1994.D.2019, 1552.D.2019

At the very outset, the Counsel for the assessee stated that the appellant has moved an application to settle the dispute under Vivad Se Vishwas Scheme and is awaiting Form No. 3 to be issued by Revenue with regards to payment of tax, in order to avail the scheme. Vide letter dated 26/10/2020, the Ld. Counsel for the assessee has intimated that the assessee intends to withdraw the appeals after following necessary procedures as envisaged in the aforesaid scheme. In view of the foregoing and after due consideration of the matter, we treat these two appeals as withdrawn on account of aforesaid scheme, subject to settlement of the disputes in the appeals, under the aforesaid scheme.

Before we part, we hereby clarify by way of abundant caution, that if for some reason the disputes under the two appeals before us are not settled under the aforesaid scheme, then the assessee will be at liberty to approach Income Tax Appellate Tribunal for restoration of either or both of the appeals, in accordance with law.

With these directions, the appeals of the assessee are dismissed, being treated as withdrawn. 6. For statistical purposes, both the appeals are dismissed. Order pronounced in the Open Court on 28th October, 2020.

NITIN GUPTA,NEW DELHI vs. WARD 61(2), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

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