SNS TRADING PVT. LTD.,NEW DELHI vs. ITO, WARD- 24(1), NEW DELHI

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ITA 789/DEL/2019Status: DisposedITAT Delhi27 February 2024AY 2010-11Bench: Dr. B. R. R. Kumar, Accountant Member Ms. Astha Chandra (Judicial 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 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.

What were the 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.

What were the issues?

Whether the appeal is maintainable after the assessee has opted for the 'Direct Tax Vivad se Vishwas Act 2020' scheme.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

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

Before: Dr. B. R. R. KumarMs. Astha Chandra

Hearing: 15.02.2024Pronounced: 27.02.2024

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the assessee against the order of ld. CIT(A)-31, New Delhi dated 19.09.2018.

2.

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.

3.

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.

4.

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.

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