M/S. VISHWANATH FINCAP (P) LTD.,NEW DELHI vs. ITO, NEW DELHI

PDF · subscribers
ITA 6334/DEL/2013Status: DisposedITAT Delhi22 December 2020AY 2004-052 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 accepted the assessee's request for withdrawal of the appeal. The assessee was granted liberty to approach the Tribunal for re-institution if the dispute is not resolved under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2004-05. The assessee requested withdrawal of the appeal as they opted to settle the tax arrears under the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: SHRI O.P. KANT & MS. SUCHITRA KAMBLE

For Appellant: Shri Gurjeet Singh, CA
For Respondent: Shri Sohail Malik, Sr.DR
Hearing: 22.12.2020Pronounced: 22.12.2020

ORDER PER O.P. KANT, AM:

The present appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-19, Delhi, dated 13.08.2013 passed for assessment year 2004-05. 2. The learned counsel for the assessee has requested for withdrawal of the appeal filed by the assessee and stated that the assessee has opted to settle the dispute relating to tax arrears for assessment year under consideration under the ‘Vivad Se Vishwas Scheme, 2020’. He has filed Form Nos. 1 and 2 for the same but Form No. 3 is still awaited.

3.

Learned DR did not object to the same.

4.

In view of above, we accept the request of the assessee for withdrawal of the appeal. However, if the dispute relating to tax arrears is not ultimately resolved in terms of the ‘Vivad Se Vishwas Scheme, 2020’, the assessee shall be at liberty to approach the Tribunal for re-institution of the appeal and the Tribunal shall consider such application appropriately as per law.

5.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 22nd December, 2020.

Recent GST High Court judgments

Search GST case law →