Case Number: ITA 5528/DEL/2019
Appellant: ITO Ward – 13(3), New Delhi
Respondent: Jhankar Banquets Pvt. Ltd., Delhi
Assessment Year: 2010-11
Result: Appeal Dismissed
Case Filed on: 2019-06-24
Order Type: Final Tribunal Order
Date of Order: 2023-02-20
Pronounced on: 2023-02-20
The appeal in this case was filed by the Income Tax Officer (ITO), Ward 13(3), New Delhi, against Jhankar Banquets Pvt. Ltd., located in Delhi. The case pertained to the assessment year 2010-11. The core issue revolved around the assessment and the related tax arrears for the given year.
The appellant, ITO Ward 13(3), New Delhi, had filed the appeal against Jhankar Banquets Pvt. Ltd., challenging the decision of the Commissioner of Income Tax (Appeals)-5, New Delhi, dated 29.03.2019. The appeal was initiated to address the tax disputes and arrears associated with the assessment year 2010-11.
The case was presented before the Income Tax Appellate Tribunal (Delhi Bench ‘F’) in New Delhi, presided over by Shri Shamim Yahya, Accountant Member, and Shri Anubhav Sharma, Judicial Member. The hearing took place on 20th February 2023, and the order was also pronounced on the same day.
During the proceedings, the authorized representative (AR) for the assessee, Shri Hemant Sharma, CA, submitted an application seeking the withdrawal of the appeal. The withdrawal was requested on the grounds that the assessee had opted to settle the tax arrears dispute under the ‘Vivad Se Vishwas Scheme, 2020’. The assessee also filed Form 5 issued by the Tax Department, which indicated the settlement under the scheme.
Considering the submission and the facts presented, the tribunal decided to dismiss the appeal. The dismissal was granted with the liberty for the appellant to restore the appeal in case the dispute was not settled as per the scheme. Both parties had no objections to this provision.
The final order stated:
“Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored in case dispute is not settled as per scheme. Both the parties have no objection with regard to the aforesaid caveat. Consequently, the appeal filed by the Revenue is dismissed.”
The case of ITO Ward – 13(3), New Delhi vs. Jhankar Banquets Pvt. Ltd., Delhi, was concluded with the dismissal of the appeal due to the settlement of tax arrears under the Vivad Se Vishwas Scheme, 2020. This outcome highlights the effective resolution of tax disputes through the scheme, aimed at reducing litigation and settling tax arrears amicably.
Order pronounced in the open court on 20th February 2023 after the conclusion of the hearing.
Members Present:
SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER
SHRI ANUBHAV SHARMA, JUDICIAL MEMBER
Document Reference:
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)-5, New Delhi
5. CIT(ITAT), New Delhi
AR, ITAT, NEW DELHI
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