ACIT Circle-52(1), New Delhi V. Subhash Chander Khaneja, New Delhi

ITA 1265/DEL/2020

AI Insights

The case involved an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals), Delhi-35, concerning the assessment year 2009-10. The assessee, Sh. Subhash Chander Khaneja, opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, a scheme aimed at resolving pending tax disputes. The assessee's declaration under this scheme was accepted, leading to the issuance of Form No. 5 by the competent authority. Consequently, the Departmental Representative did not contest the factual position, resulting in the dismissal of the appeal as the parties reached a settlement.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 300710 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 22-10-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 22-06-2020
• Laws Referred To: Direct Tax Vivad Se Vishwas Scheme, 2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE PRESIDENT AND SHRI SAKTIJIT DEY, HON’BLE VICE-PRESIDENT ITA No.1265/Del/2020 Assessment Year: 2009-10 . ACIT, Circle-52(1), New Delhi Vs. Sh. Subhash Chander Khaneja, 303-304, 27, Barakhamba Road, New Delhi PAN :AAIPK2679K (Appellant) (Respondent) ORDER This is an appeal by the Revenue against order date 24.01.2020 of learned Commissioner of Income Tax (Appeals), Delhi-35, for the assessment year 2009-10. 2. At the time of call, none appeared on behalf of the assessee. However, learned Authorized Representative of the assessee has furnished a letter dated 2 nd August, 2023, intimating that the assessee had opted for settling the dispute arising in the appeal Assessee by None (Application) Department by Sh. Sanjay Kumar, Sr. DR Date of hearing 25.08.2023 Date of pronouncement 25.08.2023 ITA No.1265/Del/2020 AY: 2009-10 2 | P a g e under the Direct Tax Vivad Se Vishwas Scheme, 2020 and assessee’s declaration has been accepted by the competent authority with issuance of Form No. 5. 3. Learned Departmental Representative could not controvert the aforesaid factual position. 4. Considering the above, we treat the appeal as deemed to have been withdrawn, hence, dismissed. 5. In the result, the appeal is dismissed. Order pronounced in the open court on 25 th August, 2023 Sd/- Sd/- (G.S. PANNU) (SAKTIJIT DEY) PRESIDENT VICE-PRESIDENT Dated: 25 th August, 2023. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi