ITO, WARD- 1(2), MUZAFFARNAGAR vs. GEETA RANI, MUZAFFARNAGAR

PDF · subscribers
ITA 7490/DEL/2018Status: DisposedITAT Delhi25 June 2024AY 2015-16Bench: SHRI G.S. PANNU (Vice President), SHRI ANUBHAV SHARMA (Judicial Member)2 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request for withdrawal of the appeal, as the assessee had opted for the Vivad Se Vishwas Scheme and the Department Representative had no objection. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the CIT(A) order for AY 2015-16. Subsequently, the assessee applied to withdraw the appeal, citing participation in the Vivad Se Vishwas Scheme, 2020, where all due taxes were paid and Form-5 was issued. The Departmental Representative confirmed no objection to the withdrawal.

What were the issues?

Whether the appeal should be allowed to be withdrawn, given the assessee's participation in the Vivad Se Vishwas Scheme and the DR's no-objection.

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 “C”: NEW DELHI

Before: SHRI G.S. PANNU & SHRI ANUBHAV SHARMA

For Respondent: Ms. Parul Singh, Sr. DR
Hearing: 25.06.2024Pronounced: 25.06.2024

O R D E R

PER ANUBHAV SHARMA, JM:

1.

This appeal, by the assessee, is directed against the order of learned Commissioner of Income-tax (Appeals), Muzaffarnagar, dated 26.09.2018 in appeal no. 3659-0516-1160-118 against the assessment order dated 27.12.2017 u/s 143(3) of the Income-tax Act, 1961, passed by the ITO, Wards-1(2), Muzaffarnagar, pertaining to the assessment year 2015-16.

2.

It comes up that assessee has filed an application, received in Registry on 13.05.2024, seeking permission for withdrawal of the appeal on the ground that for VIVAD SE VISHWAS SCHEME, 2020 and all due taxes have already been paid and Form-5 under the aforesaid scheme has also been issued by the PCIT Dehradun. It is also mentioned that assessee has already requested to withdraw the appeal at the time of VSVS which was duly accepted by the Tribunal at that time.

3. Learned DR raised no objection to the request of assessee for withdrawal of the appeal.

3.

In view of above and in absence of any objection from the side of the Ld. D.R, the request of the assessee, for withdrawal of the appeal, is allowed. Accordingly, appeal is dismissed as withdrawn.

Order pronounced in open court on 25.06.2024.

Recent GST High Court judgments

Search GST case law →