ACIT CIRCLE-24(1), NEW DELHI vs. SRISHTI INFRA HOUSING PVT LTD, NEW DELHI

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ITA 4869/DEL/2019Status: DisposedITAT Delhi15 June 2023AY 2012-132 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal in limine because the assessee had opted for the Vivad Se Vishwas Scheme. The Revenue retains the liberty to seek restoration if necessary.

What were the facts?

The Revenue filed an appeal against the assessee for AY 2012-13. The assessee had opted for the Vivad Se Vishwas Scheme, 2020, for settlement of the dispute.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed in light of the assessee's successful application under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “B” NEW DELHI

Before: SHRI C.M. GARG & SHRI PRADIP KUMAR KEDIA

For Appellant: DR Sh. Utkarsh Gupta, Advocate
Hearing: 15.06.2022

आदेश/O R D E R

PER PRADIP KUMAR KEDIA, AM:

1.

The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-34, Delhi (‘CIT(A)’ in short), dated 15.03.2019 concerning AY 2012-13.

2.

When the matter was called for hearing in the captioned Revenue’s appeal, Learned Counsel for the assessee at the outset submitted that the designated authority has already granted certificate electronically to the declarant assessee admitting request of the assessee for settlement of dispute under ‘Vivad Se Vishwas Scheme 2020’ (VSV) read with rules framed thereunder. The Ld. Counsel accordingly submitted that he does not seek to defend the said appeal owing to exercise of option for availing VSV scheme and consequently urged that assessee request for closure of Revenue’s appeal may please be granted.

3.

In the light of assertions made on behalf of the captioned Assessee, the appeal of the revenue is dismissed in limine. However, the Revenue will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law, if considered expedient for any justifiable reason.

4.

In the result, the captioned appeal filed by the revenue is dismissed.

This Order pronounced on 15/06/2023

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