MUZAFFARNAGAR DISTRICT COOPERATIVE BANK LTD.,MUZAFFARNAGAR vs. ACIT, CIRCLE- 1, MUZAFFARNAGAR

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ITA 8324/DEL/2018Status: DisposedITAT Delhi28 August 2023AY 2012-13Bench: SH. SAKTIJIT DEY, VICE PRESIDENT AND SH. PRADIP KUMAR KEDIA (Accountant Member)2 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee had opted for the Vivad-se-Vishwas Scheme. The assessee could seek restoration if they failed to avail the scheme for bonafide reasons.

What were the facts?

The assessee sought to withdraw its appeal before the ITAT because it had opted to avail the benefit of the Vivad-se-Vishwas Scheme, 2020. The Revenue had no objection to the withdrawal.

What were the issues?

The primary issue was whether the assessee's appeal should be dismissed as withdrawn due to their opting for the Vivad-se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

Before: SH. SAKTIJIT DEY & SH. PRADIP KUMAR KEDIA

For Appellant: Shri Sankalp Malik, Adv
For Respondent: Ms. Smita Singh, Sr. D.R
Hearing: 28.08.2023Pronounced: 28.08.2023

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income tax (Appeals) - Muzaffrnagar (‘CIT(A)’ in short), dated 27.09.2018 concerning Assessment Year 2012-13.

2.

The Counsel for the assesse has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefit of ‘Vivad-se-Vishwas Scheme, 2020’ (VSV). As per letter dated 27.08.2023 filed by Counsel for the assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of Muzaffarnagar District Cooperative Bank Ltd. vs ACIT 2 option for availing VSV Scheme and consequently requested that application for withdrawal of appeal may please be granted.

3.

The Learned Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.

4.

In the light of requests made on behalf of the captioned party, the appeal is dismissed as withdrawn, However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at seek restoration of original appeal for hearing before ITAT in accordance with law.

5.

In the result, the captioned appeal is dismissed as withdrawn.

Order was pronounced in the open court on 28.08.2023

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