ACIT, Central circle-20, New Delhi V. Saviti Devi Kohli, Gurgaon

ITA 6235/DEL/2018

AI Insights

This case involves an appeal by the Revenue against the order of the ld. CIT (Appeals)-27, New Delhi, concerning the assessment year 2010-11. The core of the dispute was related to tax arrears. During the proceedings, it was revealed that the assessee, Smt. Savitri Devi Kohli, had opted to settle the dispute under the 'Vivad Se Vishwas Scheme, 2020'. This scheme is designed to resolve pending tax disputes by offering a settlement option. The Department's issuance of Form No.5 indicated a move towards a full and final settlement. Consequently, the Revenue decided to withdraw its appeal, with a provision to restore it if the settlement under the scheme did not proceed as planned.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 121873 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 05-12-2022
• Assessment Year: misc
• Appeal Filed On: 27-06-2022
• Laws Referred To: Vivad Se Vishwas Scheme, 2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JAGDISH KUMAR HANDA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘G’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER ITA No.6235/DEL/2018 [Assessment Year: 2010-11] ACIT, Central Circle-20, ARA Centre, E-2, Jhandewalan Extn. New Delhi-110055 Vs Smt. Savitri Devi Kohli, C/o- J.K. Handa & Co. K-3/43, DLF Phase-II, Gurgaon, Haryana-122008 PAN-AKDPK3451C Revenue Assessee Assessee by Sh. Jagdish Kumar Handa, CA Revenue by Sh. Abhishek Kumar, Sr. DR Date of Hearing 06.12.2022 Date of Pronouncement 06.12.2022 ORDER PER SHAMIM YAHYA, AM, This appeal by the Revenue is directed against the order of ld. CIT (Appeals)-27, New Delhi, dated 04.07.2018 for the Assessment Year 2010-11. 2. At the time of hearing, the ld. DR has requested to withdraw 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”. It was also submitted by the Ld. DR that the Department has also issued Form No.5 to the assessee for the full and final settlement of tax arrears. 3. Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored by the Revenue in case dispute is 2 ITA No.6235/Del/2018 not settled as per scheme. The assessee has no objection with regard to the aforesaid caveat. Consequently, the present appeal is dismissed as withdrawn. 4. In the result, appeal of the Revenue stands dismissed. Order pronounced in the open court on 06 TH December, 2022. Sd/- Sd/- [CHANDRA MOHAN GARG] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi; Dated: 06.12.2022. f{x~{tÜ f{x~{tÜf{x~{tÜ f{x~{tÜ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi