CAPITAL BROADWAYS PVT. LTD.,NEW DELHI vs. ITO, WARD- 5(3), NEW DELHI

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ITA 7693/DEL/2017Status: DisposedITAT Delhi12 February 2021AY 2009-103 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 consigned the appeal to records and treated it as dismissed, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2009-10. The assessee subsequently opted to settle the tax arrears under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the impact of the assessee opting for settlement under the Vivad se Vishwas Act on the pending appeal before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’: NEW DELHI

Hearing: 12.02.2021Pronounced: 12.02

Capital Broadways Pvt. Income Tax Officer, Ltd., Ward-5(3), 26A, MIG Flats Vs. New Delhi. Motia Khan, Paharganj, New Delhi-110 055. PAN-AADCC 4481B (Appellant) (Respondent) Appellant By Sh. Pabitro Rai, Adv. Respondent by Sh. Jagdish Singh Dahiya, SR. DR. Date of Hearing 12.02.2021 Date of Pronouncement 12.02 2021 ORDER

PER SUDHANSHU SRIVASTAVA, JM:

1.

This appeal is preferred by the assessee against order dated 08.12.2017 passed by the Learned Commissioner of Income Tax (Appeals)-XXV, New Delhi {CIT(A)} for Assessment Year 2009-10.

2.0 The Ld. Authorized Representative (AR) submits that the assessee has opted to settle the dispute relating to the tax arrears

Capital Broadways Pvt. Ltd. vs. ITO for the assessment year under consideration under The Direct Tax Vivad se Vishwas Act, 2020. It has been stated that the necessary declaration in accordance with Section 4 of The Direct Tax Vivad se Vishwas Act, 2020 has been filed by the assessee.

3.0 Considering the aforesaid situation, the captioned appeal is consigned to the records and treated as dismissed.

4.0 However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforestated Act, the appellant (i.e., the assessee) shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat.

5.0 In view of the aforesaid, the appeal is consigned to the records and, for statistical purposes, is treated as dismissed.

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