RITU FASHION WEARS,DELHI vs. ITO, NEW DELHI

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ITA 2507/DEL/2017Status: DisposedITAT Delhi04 January 2021AY 2012-132 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 decided to consign the appeal to records and treat it as dismissed, subject to the condition that the assessee can seek reinstitution if the dispute is not resolved under the Vivad Se Vishwas Act.

What were the facts?

The assessee filed an appeal for the assessment year 2012-13. The assessee subsequently opted to settle the tax arrears under the Vivad Se Vishwas Act, 2020 and requested withdrawal of the appeal.

What were the issues?

Whether an appeal can be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act, with a provision for reinstitution.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & BEFORE SHRI G.S. PANNU & SHRI K. NARASIMHA CHARY HRI K. NARASIMHA CHARY

For Appellant: Shri Alok Gupta, CA
For Respondent: Shri Kanv Bali, Senior DR
Hearing: 04.01.2021Pronounced: 04.01.2021

PER G.S. PANNU PER G.S. PANNU, , , , VP PER G.S. PANNU PER G.S. PANNU VP VP : VP This appeal by the assessee for the assessment year 2012-13 is directed against the order of learned CIT(A)-19, New Delhi dated 7th February, 2017.

1.

The learned counsel for the assessee, vide email dated 1st 2. January, 2020, has intimated the Tribunal that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Act, 2020 (in short ‘the Act’) and requested for withdrawal of the said appeal.

3.

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

2 ITA-2507/Del/2017

4.

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.

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

Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 4th January, 2021.

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