ASHA GARG,NEW DELHI vs. ITO, WARD- 24(3), NEW DELHI
What did the Tribunal hold?
The Tribunal noted that the assessee had filed applications under the Vivad Se Vishwas Act and would withdraw the appeal. No purpose would be served in keeping the appeal pending, hence it was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT. Subsequently, the assessee filed a declaration under The Direct Tax Vivad Se Vishwas Act, 2020, and submitted the relevant forms. The assessee intended to withdraw the appeal.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.
Which sections of the Income-tax Act were involved?
THE DIRECT TAX 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 BHAVNESH SAINI & SHRI PRASHANT MAHARISHI
O R D E R PER PRASHANT MAHARISHI. A. M. This is an appeal filed by the assessee against the order of the Id CIT(A)-8, New Delhi dated 1. 14.01.2019 for the Assessment Year 2015-16. At the time of hearing of the appeal the counsel of the assessee submitted a letter dated 19 2. October 2020 stating that appellant has filed a declaration under THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 and submitted the copy of form number 1 in form number 2. It was further stated that form number 3 from the Ld Pr CIT has not been received so as to withdraw the Appeal. The learned Departmental Representative, however, submitted that the assessee has to 3. withdraw the pending appeals after filing Form VSV1 as per Vivad Se Vishwas Act, 2020. Thereafter, the assessee is required to furnish a copy of the same along with the proof of payment of tax as determined by the tax official to the to the Department. He submitted that Page | 1 Form No.3 shall be issued to the assessee in due course and accordingly he submitted that the appeal of the assessee may be dismissed as withdrawn, as the assessee in any case is required to withdraw the appeal. The learned DR further submitted that in this type of cases, the Tribunal is giving liberty to seek recall of the order if the appeal is dismissed by the Bench. We have heard the rival submissions and perused the material on record. The submissions 4. made by the learned DR are considered. Since the assessee has already filed applications under Direct Tax Vivad Se Vishwas Act, 2020, the assessee would be moving application for withdrawing the present appeal filed before the Tribunal in due course. Since the assessee has already filed the necessary applications before the tax authorities under the above said Act, we are of the view that no purpose will be served in keeping this appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn, subject to recall, if form no 3 is not issued for any reason. Accordingly appeal of the assessee is dismissed as withdrawn.
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