Case Number: ITA 5905/DEL/2019
Appellant: Anu Colonisers Ltd, New Delhi
Respondent: ITO WARD – 2(4), New Delhi
Assessment Year: 2015-16
Order Type: Final Tribunal Order
Date of Order: 2021-01-07
Pronounced On: 2021-01-07
Case Filed On: 2019-07-08
This appeal, filed by the assessee, Anu Colonisers Ltd, is directed against the order dated 4th June, 2019 of the CIT(A)-19, New Delhi, relating to the Assessment Year 2015-16. The appellant opted to settle the dispute involved in this appeal under The Direct Tax Vivad Se Vishwas Scheme, 2020.
The grounds of appeal raised by the assessee are as follows:
“1. That on the facts and circumstances of the case and the provision of the law, the Ld CIT (A) has failed to appreciate that the impugned order passed by the Ld AO under Section 147 of the Income Tax Act is illegal and bad in law.
2. That on the facts and circumstances of the case and the provisions of law, the Ld CIT (A) has erred in sustaining the additions made by the AO.”
Anu Colonisers Ltd filed its return of income for the assessment year 2015-16, which was subsequently reassessed by the AO under section 147 of the Income Tax Act, leading to certain additions. The assessee challenged the reassessment and the additions before the CIT(A), who upheld the AO’s order. Aggrieved by this, the assessee filed an appeal before the Income Tax Appellate Tribunal (ITAT).
During the pendency of the appeal, the assessee opted to settle the dispute under The Direct Tax Vivad Se Vishwas Scheme, 2020, a scheme introduced by the government to resolve pending tax disputes. The assessee submitted Forms 1 and 2 to the tax department to initiate the settlement process.
The case was heard by the Delhi Bench of the Income Tax Appellate Tribunal (ITAT) on 7th January, 2021. The Tribunal consisted of Shri R.K. Panda, Accountant Member, and Shri Kuldip Singh, Judicial Member. The Tribunal noted the assessee’s request to withdraw the appeal, as the disputes had been settled under The Direct Tax Vivad Se Vishwas Scheme, 2020. The Tribunal allowed the withdrawal of the appeal, with the liberty to restore the appeal if the dispute was not settled under the scheme.
In conclusion, the ITAT dismissed the appeal as withdrawn, noting that the settlement process under the Vivad Se Vishwas Scheme was underway. The Tribunal granted the assessee the liberty to restore the appeal if the dispute was not settled as per the scheme.
Order: The appeal is dismissed as withdrawn.
Pronounced on: 7th January, 2021
Judicial Member: Kuldip Singh
Accountant Member: R.K. Panda
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Asstt. Registrar, ITAT, New Delhi
Anu Colonisers Ltd vs ITO WARD – 2(4), New Delhi – Vivad Se Vishwas Scheme Settlement
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