COUNTRYWIDE PROMOTERS PVT. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 32, NEW DELHI

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ITA 5260/DEL/2017Status: DisposedITAT Delhi20 September 2021AY 2013-142 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The Tribunal dismissed the appeals as withdrawn. However, it granted liberty to the assessee to approach the Tribunal for reinstitution of the appeals if the dispute for AY 2014-15 is not resolved under the Vivad Se Vishwas scheme.

What were the facts?

The assessee sought to withdraw its appeals for AY 2013-14 and AY 2014-15. For AY 2014-15, the assessee had opted for the Vivad Se Vishwas scheme. For AY 2013-14, the addition was deleted pursuant to the CIT(A) order, rendering the assessee not aggrieved.

What were the issues?

Whether the assessee's appeals should be dismissed as withdrawn due to opting for the Vivad Se Vishwas scheme and resolution of the issue for AY 2013-14.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. ANIL CHATURVEDI & SH. SANJAY GARG

For Appellant: Shri Ajay Bhagwani, FCA
For Respondent: Dr. Maninder Kaur, Sr. D.R
Hearing: 20.09.2021Pronounced: 20.09.2021

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. SANJAY GARG, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) & 5261/Del/2017 (Assessment Years : 2013-14 & 2014-15) Countrywide Promoters Vs. ACIT Pvt. Ltd. Central Circle – 32 M-11, Middle Circle, New Delhi Connaught Circus, New Delhi-110001 PAN : AAACC 5280 H (APPELLANT) (RESPONDENT) Assessee by Shri Ajay Bhagwani, FCA Revenue by Dr. Maninder Kaur, Sr. D.R. Date of hearing: 20.09.2021 Date of Pronouncement: 20.09.2021 ORDER PER ANIL CHATURVEDI, AM:

These appeals filed by the assessee are directed against the order dated 05.05.2017 of the Commissioner of Income Tax (Appeals)-30, New Delhi relating to Assessment Years 2013-14 & 2014-15.

2.

Before us, with respect to its appeal for A.Y. 2014-15, Learned AR submitted that assessee has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-1) and 2 undertaking (Form-2) Scheme and department had issued Form- 3. The assessee, therefore, seeks to withdraw the appeals. With respect to appeal for A.Y. 2013-14, it is submitted that assessee has received the appeal effect order dated 16.09.2021 u/s 250/143(3) of the Act whereby the whole addition is deleted pursuant the order of CIT(A) and therefore assessee is no longer aggrieved. The assessee therefore seeks withdrawal of the appeal.

3.

After considering the request made by the assessee, we dismiss the appeals of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the assessment year 2014-15 is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. With these directions the appeals of the assessee are dismissed as withdrawn.

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