Mahander Kumar Jain, Gurgaon V. ITO WARD - 2(5), Gurgaon

ITA 4767/DEL/2019

AI Insights

The case involves Mahander Kumar Jain, the appellant, who filed an appeal against the order of the CIT (A)-1, Gurgaon, pertaining to the assessment year 2015-16. The appeal was dismissed by the Income Tax Appellate Tribunal, Delhi, as the appellant opted to settle the dispute regarding tax arrears through the 'Vivad Se Vishwas Scheme, 2020'. This scheme allows taxpayers to settle disputes with the tax department, and the appellant had already filed Form 5 as issued by the Tax Department. Both parties agreed to the dismissal of the appeal with a caveat that it could be restored if the settlement under the scheme was not successful.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113848 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 01-02-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 23-05-2019
• Laws Referred To: Vivad Se Vishwas Scheme, 2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘E’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI KUL BHARAT, JUDICIAL MEMBER ITA No.4767/Del./2019 (ASSESSMENT YEAR : 2015-16) Mahander Kumar Jain, vs. ITO, Ward 2 (5), H.No.327, Sector 15, Gurgaon. Gurgaon – 122 001 (Haryana) (PAN : ACCPJ1196L) (APPELLANT) (RESPONDENT) ASSESSEE BY : Ms. Kavita Gupta, CA REVENUE BY : Shri Jitender Chand, Sr. DR Date of Hearing : 02.02.2023 Date of Order : 02.02.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal filed by the assessee is directed against the order of ld. CIT (A)-1, Gurgaon dated 29.03.2019 and pertains to assessment year 2015-16. 2. Ld. AR for the assessee submitted that an application has been filed seeking withdrawal of the appeal on the ground that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020” and has filed Form 5 issued by the Tax Department. ITA No.4767/Del./2019 2 3. Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, the appeal filed by the assessee is dismissed. Order pronounced in the open court on this 2 nd day of February, 2023 after the conclusion of the hearing.. Sd/- sd/- (KUL BHARAT) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 2 nd day of February, 2023/TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT(A)-1, Gurgaon. 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.