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

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ITA 6375/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 the dispute under the Vivad se Vishwas Act and decided to consign the appeal to records. The appeal was 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 from the CIT(A) for the assessment year 2015-16. The assessee subsequently informed the tribunal that they had opted to settle the tax arrears under The Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the assessee's withdrawal of the appeal due to opting for settlement under the Vivad se Vishwas Act, 2020.

AI-generated summary — verify with the full judgment below

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

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

For Appellant: Ms Fareha Faisal
For Respondent: Shri Saras Kumar, Sr. DR
Hearing: 28.08.2020Pronounced: 28.08.2020

PER G.S. PANNU, VICE PRESIDENT

1.

This appeal by the assessee for the assessment year 2015-16 is directed against the order of learned CIT(A), Moradabad dated 7.6.2019 .

2.

In the captioned appeal, the assessee has informed vide letter dated 18.08.2020 (received through e-mail dated 21.08.2020) that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year ITA 6375/Del/2019 Assessment year 2015-16 under consideration under The Direct Tax Vivad se Vishwas Act, 2020, and wishes to withdraw the appeal.

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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