CAPITAL AUTOMOTIVES PVT LTD,NEW DELHI vs. DCIT CIRCLE-5(2), NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee intended to settle the dispute under the Vivad Se Vishwas Scheme. Therefore, the appeal was dismissed with liberty to restore it if the scheme application was not accepted.
What were the facts?
The assessee had filed an appeal against the assessment order. The assessee had also availed the Direct Tax Vivad Se Vishwas Scheme to settle the dispute for the assessment year in question.
What were the issues?
Whether the appeal should be dismissed as the assessee has opted for the Vivad Se Vishwas Scheme for dispute resolution.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH, ‘B’: NEW DELHI
ORDER PER M. BALAGANESH AM,
This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax (Appeals)-2, New Delhi, [hereinafter referred to as ‘Ld. CIT(A)’, in short] in Appeal No.10250/16-17 of CIT(A)-2, Assessment Year 2010-11, dated 29.09.2017 against the order of assessment passed u/s 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 29.03.2016 by the Deputy Commissioner of Income Tax, Circle-5(2), New Delhi (hereinafter referred to as ‘Ld. AO’).
We have heard the rival submissions and perused the material available on record. At the outset, we find that the Ld. AR submitted a letter on the previous date of hearing stating that the assessee had already availed Direct Tax Vivad Se Vishwas Scheme and had settled the dispute relatable to this assessment year under consideration. However, Form No.5 to complete the process of Vivad Se Vishwas Scheme had not yet been issued by the Competent Authority. We find that the assessee had expressed its intention to settle the dispute by filing Form No.1 before the Competent Authority under Vivad Se Vishwas Scheme. Hence, we do not deem it fit to keep this file pending with us and proceed to dismiss the appeal of the assessee with liberty given to the assessee that in the event of Vivad Se Vishwas application not being accepted by the Revenue for whatever reasons, this appeal preferred by the assessee shall get restored an an application made by the assessee. With these observations, the grounds raised by the assessee are dismissed.
In the result, the appeal of the assessee is hereby dismissed.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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