Addi. CIT, Special Range-5, New Delhi V. Ligare Aviation Limited, New Delhi

ITA 4802/DEL/2019

AI Insights

This case involves cross appeals by Ligare Aviation Limited and the ACIT, Special Range 5, against the order of the CIT (Appeals)-36, New Delhi, dated 13.02.2019, concerning the Assessment Year 2015-16. The appeals were related to disputes over tax arrears. The assessee opted to withdraw their appeal as they decided to settle the dispute under the 'Vivad Se Vishwas Scheme, 2020', a government initiative aimed at resolving pending tax disputes. The Revenue did not object to the withdrawal of the appeals under the condition that they could be restored if the settlement was not successful.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113850 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 28-12-2022
• Assessment Year: 2015-2016
• Appeal Filed On: 26-05-2019
• Laws Referred To: Vivad Se Vishwas Scheme, 2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘E’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No.3809/Del./2019 (ASSESSMENT YEAR : 2015-16) Ligare Aviation Limited, vs. ACIT, Spl. Range 5, 8/87, Mehram Nagar, New Delhi. New Delhi – 110 010. (PAN : AAACV3934B) ITA No.4802/Del./2019 (ASSESSMENT YEAR : 2015-16) ACIT, Spl. Range 5, vs. Ligare Aviation Limited, New Delhi. 8/87, Mehram Nagar, New Delhi – 110 010. (PAN : AAACV3934B) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Ms. Sarita Kumari, CIT DR Date of Hearing : 02.01.2023 Date of Order : 05.01.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : These cross appeals by the assessee and Revenue are directed against the order of ld. CIT (Appeals)-36, New Delhi dated 13.02.2019 for the Assessment Year 2015-16. ITA No.3809/Del./2019 ITA No.4802/Del./2019 2 2. None present on behalf of the assessee. However, an application has been filed by the assessee seeking withdrawal of the appeals 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. 3. Keeping in view the aforesaid facts, present appeals are 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 appeals filed by the assessee and Revenue are dismissed. Order pronounced in the open court on this 5 th day of January, 2023. Sd/- sd/- (NARENDER KUMAR CHOUDHRY) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 5 th day of January, 2023 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A)-36, New Delhi. 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.