THE HINDUSTAN TIMES LTD.,NEW DELHI vs. JCIT, RANGE- 25 , NEW DELHI

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ITA 6625/DEL/2018Status: DisposedITAT Delhi02 January 2025AY 2013-14Bench: MS. MADHUMITA ROY (Judicial Member), SHRI BRAJESH KUMAR SINGH (Accountant Member)2 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The Tribunal dismissed the appeal as withdrawn, acknowledging the settlement under the Vivad Se Vishwas Scheme. The assessee retains the liberty to seek restoration if the scheme benefits are not availed.

What were the facts?

The assessee company opted to settle tax arrears for AY 2013-14 under the Vivad Se Vishwas Scheme, 2024. Consequently, the appeal filed before the ITAT was rendered infructuous.

What were the issues?

Whether the appeal is maintainable after the assessee has opted for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH, ‘G’: NEW DELHI

Before: MS. MADHUMITA ROY & SHRI BRAJESH KUMAR SINGH

For Appellant: Shri Shaurya Jain, CA
For Respondent: Shri Sanjay Kumar Yadav, Sr. DR
Hearing: 02.01.2025Pronounced: 02.01.2025

ORDER PER BRAJESH KUMAR SINGH, AM,

This appeal filed by the assessee is directed against the order dated 03.08.2018 of Ld. Commissioner of Income Tax(Appeals)-9, New Delhi, pertaining to Assessment Year 2013-14 arising out of assessment order u/s 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’) dated 31.03.2016.

2.

The Ld. Counsel for the assessee, at the time of hearing vide his letter, dated 26.12.2024 stated that the assessee company has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2024 and has received certificate in Form 2, vide acknowledgment number 752277311131224 from the designated authority.

2.1. In view of the aforesaid, it was submitted that since the captioned appeal now stand resolved/settled under the DTVSV Scheme, the same has been rendered infructuous and may accordingly be treated as withdrawn subject to caveat that in case form filed by the assessee is rejected at a later stage, then, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal.

3.

Learned Senior DR has no objection.

4.

In light of the above written request by the assessee, the captioned appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSVS Scheme for any bona fide reasons, then the assessee concerned shall be at liberty to seek restoration of original appeal before the Tribunal in accordance with law.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 02nd January, 2025.

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