FARAHDEEBA FAISAL,MORADABAD vs. ITO- 2(1), MORADABAD

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ITA 5565/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 the assessee's decision to settle under the Vivad se Vishwas Act. Consequently, 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 opted to settle tax arrears for AY 2015-16 under The Direct Tax Vivad se Vishwas Act, 2020 and filed the necessary declaration. The appeal was before the ITAT.

What were the issues?

Whether an appeal before the ITAT should be dismissed when the assessee opts for settlement under the Vivad se Vishwas Act. The procedure for handling such appeals.

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 BENCH ‘Friday A’: NEW DELHI

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

For Appellant: Ms. Farahdeeba Faisal
For Respondent: Shri Saras Kumar, Senior DR
Hearing: 28/08/2020Pronounced: 28/08/2020

PER G.S. PANNU, VICE PRESIDENT This appeal by the assessee for the assessment year 2015-16 is directed against the order of learned CIT(A), Moradabad dated 4.6.2019.

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 Act, 2020. It has been stated that the necessary declaration in accordance with Farahdeeba Faisal vs. ITO 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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