United Automation P.Ltd, New Delhi V. ACIT, circle-27(1), New Delhi

ITA 7996/DEL/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6898 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2015-2016
• Appeal Filed On: 16-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, JUDICAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA No.7996/Del/2018 Assessment Year: 2015-16 United Automation P. Ltd., A-3, 2 nd Floor, Neeti Bagh, New Delhi Vs. ACIT, Circle-17(1), New Delhi PAN :AAACU0823G (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, JM: This is an appeal by the assessee against order dated 18.09.2018 of learned Commissioner of Income Tax (Appeals)-9, New Delhi, for the assessment year 2015-16. 2. Learned Authorized Representative of the assessee has furnished letter dated 12.03.2022 intimating that the assessee has opted for settling the dispute arising in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020. However, it has been Appellant by Sh. Deepak Malhotra, CA Respondent by Sh. H.K. Chaudhary, CIT(DR) Date of hearing 15.03.2022 Date of pronouncement 15.03.2022 2 ITA No.7996/Del/2018 AY: 2015-16 stated that due to some mistake in computation of tax liability in Form 3 issued by the designated authority, the assessee has filed letter dated 01.03.2021 seeking rectification. 3. We have heard learned Authorized Representative appearing for the assessee and learned Departmental Representative. From the letter furnished before the Bench as well as the submission made at the time of hearing, it is very much clear that the assessee intends to settle the dispute arising in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020. Accordingly, assessee has filed a declaration seeking settlement of the dispute. In pursuance to the declaration filed by the assessee, the designated authority has computed the tax liability and has issued form no.3. As it appears, there is some mistake in the computation of tax liability of assessee, for which, the assessee has filed an application seeking rectification. 3. Be that as it may, considering the fact that assessee intends to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020, we are inclined to dismiss the appeal as withdrawn. Accordingly, the appeal is dismissed. 4. However, in the unlikely event of assessee’s declaration under the Vivad Se Vishwas Act not being accepted by the 3 ITA No.7996/Del/2018 AY: 2015-16 Revenue, liberty is granted to the assessee to seek revival of this appeal. 5. In the result, the appeal is dismissed. Order pronounced in the open court on 15 th March, 2022 Sd/- Sd/- (DR. B.R.R. KUMAR) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 15 th March, 2022. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi