PIYUSH AGARWAL HUF,MORADABAD vs. ITO -1(1), MORADABAD

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ITA 5854/DEL/2019Status: DisposedITAT Delhi28 August 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 decided to consign the appeal to records and treat it as dismissed, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can approach the Tribunal for reinstitution of the appeal.

What were the facts?

The assessee informed the Tribunal that they had opted to settle the tax dispute for the assessment year 2014-15 under The Direct Tax Vivad se Vishwas Act, 2020. The necessary declaration under the Act had been filed.

What were the issues?

Whether the appeal 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?

Section 4

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVASHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA

For Respondent: Shri Saras Kumar, Senior DR
Hearing: 28.08.2020Pronounced: 28.08.2020

PER G.S. PANNU PER G.S. PANNU, , , , VP PER G.S. PANNU PER G.S. PANNU VP VP : VP This appeal by the assessee for the assessment year 2014-15 is directed against the order of learned CIT(A), Moradabad dated 4th June, 2019.

2.

Nobody appeared on behalf of the assessee before us at the time of the Virtual Hearing. 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 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.

2 ITA-5854/Del/2019

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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