TCI APEX PAL HOSPITALITY INDIA PRIVATE LIMITED,NEW DELHI vs. ITO WARD - 25(1), NEW DELHI

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ITA 7395/DEL/2019Status: DisposedITAT Delhi03 March 2025AY 2016-17Bench: BEFORESHRI PRADIP KUMAR KEDIA (Accountant Member), SHRI SUDHIR KUMAR (Judicial Member)2 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted the assessee's intention to settle the dispute under the Vivad Se Vishwas Scheme. The appeal was dismissed as withdrawn, with a caveat that the assessee could seek reinstitution if the settlement was not resolved.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2016-17. The assessee expressed willingness to settle the dispute under the Vivad Se Vishwas Scheme, 2024.

What were the issues?

The primary issue was the assessee's decision to settle the tax dispute under the Vivad Se Vishwas Scheme, leading to the withdrawal of the appeal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI “F”BENCHNEW DELHI

For Respondent: Ms Harpreet Kaur Hansra SR. DR
Hearing: 03.03.2025Pronounced: 03.03.2025

ORDER PERSUDHIR KUMAR, JUDICIAL MEMBER: This appeal by the assessee is directed against the order of learned Commissioner of Income Tax (Appeal)-IX New Delhi, dated 09.007.2019 passed for assessment years 2016-17.

2.

At the outset, the assessee submitted that the assessee in the above appeal is willing to settle the dispute under the Vivad Se Vishwas Scheme 2024.The assessee has opted to settle the dispute relating to the tax arrears under “Vivad Se Vishwas Scheme, 2024”, for which, he has filed Form No. 1and Form No 2 issued by the CIT, New Delhi, therefore, the appeal filed by the assessee is liable to be dismissed.

3.

However, it is submitted by the appellant that the aforesaid be subjected to a caveat that in case the dispute relating to tax arrears for the assessment year under consideration is not ultimately resolved in terms of the afore-stated Scheme, the appellant shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. As the learned DR has no objection with regard to the aforesaid caveat, accordingly, we hold so.

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