VISHED BANGER,HISAR vs. ITO, WARD-5, HISAR

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ITA 2882/DEL/2019Status: DisposedITAT Delhi04 January 2021AY 2010-113 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 record and treat it as dismissed, subject to the condition that if the dispute is not resolved under the scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for assessment year 2010-11. During the hearing, the assessee stated they had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020 and had filed the necessary forms.

What were the issues?

The primary issue was the impact of the assessee opting for the Vivad Se Vishwas Scheme on the pending appeal before the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC-2”: NEW DELHI

Before: SHRI R.K. PANDA

For Appellant: Shri Lalit Mohan , CA
For Respondent: Ms. Shivani Bansal,Sr. DR
Hearing: 04/01/2021

This appeal filed by the assessee is directed against the order dated 8th December, 2017 passed by the Ld. CIT (A) Hisar relating to assessment year 2010-11.

2.

The Ld. Counsel for the assessee, at the time of hearing submitted that the assessee has opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020 and Form No. 1 and Form No. 2 have already filed.

3.

Considering the aforesaid situation, the captioned appeal is consigned to record and treated as dismissed. However, the aforesaid is subject to a caveat that in case the dispute relating tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid scheme, 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 Revenue has no objection with regard to the aforesaid caveat.

4.

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

5.

The above decision was announced in the presence of both the sides and on conclusion of Virtual Hearing on 4th January, 2021.

Order pronounced on 4th January, 2021.

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