PEETHAMBRA BUILDCON LTD.,NEW DELHI vs. ITO, WARD- 19(3), NEW DELHI

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ITA 8676/DEL/2019Status: DisposedITAT Delhi27 March 2023AY 2011-122 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The Tribunal dismissed the appeal as withdrawn. However, it granted liberty to the assessee to seek restoration of the appeal if they fail to avail the benefits of the VSV Scheme for bonafide reasons.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT. This withdrawal was based on the assessee opting to avail benefits under the 'Vivad se Vishwas Scheme, 2020'. The Revenue representative had no objection to this withdrawal.

What were the issues?

The primary issue was whether the assessee's appeal should be withdrawn due to their opting for the Vivad se Vishwas Scheme.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 ‘G’, NEW DELHI

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

For Appellant: Ms. Varsha Gupta, CA
For Respondent: Ms. Meenakshi Dohre, Sr DR
Hearing: 27/03/2023Pronounced: 27/03/2023

Assessment Year: 2011-12 Peethambra Buildcom Ltd. ITO D-46, East of Kailash, Vs Ward- 19(3) New Delhi-110065 New Delhi PAN No.AADCP5351R (APPELLANT) (RESPONDENT) Appellant by Ms. Varsha Gupta, CA Sh. Punit & Kumar, CA Respondent by Ms. Meenakshi Dohre, Sr DR Date of hearing: 27/03/2023 Date of Pronouncement: 27/03/2023 ORDER

PER PRADIP KUMAR KEDIA, AM:

1.

This appeal by the assessee is preferred against the order of the CIT(A)-22, New Delhi dated 30.08.2019 pertaining to A.Y.2011-12.

2.

The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). As per letter dated 27.03.2023 filed by assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that assessee’s application for withdrawal of appeal may please be granted.

3.

The ld. 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In the light of requests made on behalf of the captioned party, the appeal is dismissed as withdrawn.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 liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

5.

In the result, the captioned appeal is dismissed as withdrawn. This Order pronounced on 27/03/2023

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