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Facts
The assessee filed an appeal against an order of the CIT(A). During the tribunal proceedings, it was informed that the assessee had opted for the "Direct Tax Vivad se Vishwas Act 2020" and completed the required application process, with Form 1, 2, and 5 already issued by the designated authority.
Held
The tribunal dismissed the appeal as infructuous because the assessee had opted for the Vivad se Vishwas scheme. Furthermore, the tribunal directed the revenue authorities to immediately refund any amount paid in excess of tax due, acknowledging that the refund was still pending.
Key Issues
Whether the appeal is maintainable after the assessee has opted for the 'Direct Tax Vivad se Vishwas Act 2020' scheme.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI
Before: Dr. B. R. R. KumarMs. Astha Chandra
ORDER
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of ld. CIT(A)-31, New Delhi dated 19.09.2018.
At the outset, it was brought to the notice of bench by the ld. DR that the assessee has filed application under the “Direct Tax Vivad se Vishwas Act 2020” and has already submitted Form 1 & 2 and Form 5 have been issued by the designated authority.
Keeping in view the exercise of option by the assessee to opt for the scheme, the appeal of the assessee is being dismissed as infructuous.
The ld. AR submitted that the refund is still pending with the revenue authorities, hence it is hereby directed that the amount paid in excess of tax due be refunded immediately.