RITU GUPTA,RAMPUR vs. ITO WARD - 1(3), RAMPUR

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ITA 5554/DEL/2019Status: DisposedITAT Delhi28 August 2020AY 2015-163 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 noted that the assessee had opted for settlement under the Vivad se Vishwas Act. Therefore, the appeal was consigned to records and treated as dismissed, subject to the condition that it could be reinstituted if the dispute was not resolved under the Act.

What were the facts?

The assessee had appealed an order of the CIT(A) for AY 2015-16. The assessee subsequently opted to settle the dispute under The Direct Tax Vivad se Vishwas Act, 2020 and filed the necessary declaration.

What were the issues?

Whether the appeal should be dismissed in light of the assessee opting for settlement under The Direct Tax Vivad se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

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

Before: SHRI G.S. PANNU, HON’BLE & SHRI SUDHANSHU SRIVASTAVA

For Respondent: Shri Saras Kumar, Senior DR
Hearing: 28/08/2020

This appeal has been preferred by the assessee against the order of learned Commissioner of Income Tax(A), Moradabad dated 13.05.2019 for assessment year 2015-16.

2.

In the captioned appeal, the appellant assessee has informed that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under The Direct Tax Vivad se Vishwas

ITA No. 5554//Del/2019 Ritu Gupta vs. ITO Act, 2020. It has been stated that the necessary declaration in accordance with Section 4 of The Direct Tax Vivad se Vishwas Act, 2020 has been filed by the assessee.

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 on 28th August, 2020.

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