This case pertains to the assessment year 2015-16, where the appellant, Joint Commissioner of Income Tax (JCIT), Special Range-1, New Delhi, filed an appeal against ADM Agro Industries India Pvt. Ltd., Gurgaon. The case was filed on February 6, 2019, and the order was pronounced on October 26, 2021. The appeal was directed against the order of the Learned Commissioner of Income Tax (Appeals)-32, New Delhi, dated November 27, 2018.
The case was presented before the Income Tax Appellate Tribunal (ITAT), Delhi Bench ‘Friday’, New Delhi, through video conferencing. The panel consisted of Shri Kul Bharat, Judicial Member, and Shri Anadee Nath Misshra, Accountant Member. The appeal was listed as ITA No. 892/Del/2019 for the assessment year 2015-16.
At the time of the hearing on October 26, 2021, the appellant was represented by Shri Robin Rawa, Sr. DR, while the respondent was represented by Ms. Soumya Singh, CA.
The appellant, JCIT, Special Range-1, New Delhi, filed the appeal on the following grounds:
The Tribunal noted that the appeals filed by Revenue were dismissed in limine on August 28, 2019, on the ground that the tax effect in each of these appeals was below Rs. 50 lakh, as prescribed in Circular No. 17/2019 dated August 8, 2019, by the Central Board of Direct Taxes (CBDT). However, it was clarified that Revenue would be at liberty to approach ITAT under section 254(2) of the Income Tax Act if it was found that the appeals were not covered by the aforesaid CBDT circular.
Subsequently, Revenue filed Miscellaneous Applications stating that the tax effect in each of these appeals was more than Rs. 50 lakh. Based on this, the Tribunal recalled its earlier order and restored the appeals for de novo hearing.
At the time of the hearing, the respondent’s Authorized Representative informed the Tribunal that the assessee had opted for the Vivad Se Vishwas Scheme, 2020 (VSVS) for the settlement of the disputes in these appeals. The respondent submitted that Form 3 had been issued by the designated authority under VSVS, the applicable taxes had been paid, and Form-4 had been filed. Consequently, the appeals were treated as withdrawn and not maintainable.
The Tribunal dismissed the appeals filed by Revenue, treating them as withdrawn on account of the settlement under the Vivad Se Vishwas Scheme. However, the Tribunal clarified that if the disputes were not fully settled under VSVS, Revenue would be at liberty to approach ITAT for the restoration of these appeals.
The final judgment stated that the appeals of the Revenue were dismissed, being treated as withdrawn and not maintainable. This decision was pronounced on October 22, 2021, and the written order was signed on October 26, 2021, by Shri Kul Bharat, Judicial Member, and Shri Anadee Nath Misshra, Accountant Member.
The official copy of the order was forwarded to:
By the Order of Assistant Registrar, ITAT, Delhi
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