ITO, Ward-2(3), Noida V. Naina Goel, G B Nagar

MA 8/DEL/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 2710 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-09-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 22-09-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 06-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘E’ NEW DELHI BEFORESHRI G.S. PANNU, HON’BLE PRESIDENT AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A. No.8/Del/2020 [Arising out of ITA No.3466/Del/2018] Assessment Year: 2014-15 AND ITA No.3466/Del/2018 Assessment Year: 2014-15 ITO, Ward-2(3), Noida Vs. Ms. NainaGoel, D-64, Sector-55, Noida PAN :AHTPF1013B (Applicant) (Respondent) ORDER PERSAKTIJIT DEY, JM: Captioned application has been filed by the Revenue seeking recall/rectification of the order dated 23.08.2019 passed in ITA No.3205/Del/2018. 2. We have heard the parties and perused the materials on record. It is the case of the Revenue that the appeal cannot be Applicant by Sh. Sanjay Kumar, Sr. DR Respondent by Sh. Yuvraj Singh, Advocate Date of hearing 23.09.2022 Date of pronouncement 23.09.2022 M.A. No. 08/Del/2020 [In ITA No.3466/Del/2018] 2 | P a g e dismissed as a low tax effect case, as, it falls within the exception provided to CBDT Circular 17/2019 dated 08.08.2019. 3. Learned counsel appearing for the assessee submitted that the assesse had opted for settling the dispute arising in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020 and accepting assessee’s declaration, the designated authority has issued Form 5 on 13 th January, 2022. Thus, he submitted, the order may be recalled and assessee may be permitted to withdraw the appeal. 4. Having considered rival submissions, we find, accepting assessee’s declaration under the Direct Tax Vivad Se Vishwas Act, 2020, the designated authority has issued Form 5. Thus, for all practical purposes, the dispute arising in the corresponding appeal of the assessee stands settled. 5. However, considering the subsequent development arising due to settlement of dispute under the Vivad Se Vishwas Scheme, 2020, which was not the position at the time of disposal of appeal, though, we recall the order dated 23.08.2019 passed in ITA No. 3205/Del/2018 and restore the appeal to its original position, however, considering the settlement of dispute under the Vivad Se Vishwas Scheme, 2020, we permit the assessee to M.A. No. 08/Del/2020 [In ITA No.3466/Del/2018] 3 | P a g e withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. 6. In the result, miscellaneous application is allowed and ITA No. 3466/Del/2018 is dismissed. Order pronounced in the open courton 23 rd September, 2022 Sd/- Sd/- (G.S. PANNU) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 23 rd September, 2022. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi