Anand Bagga - Assessee opts to settle the dispute relating to tax arrears under consideration under the VSV Act


Quick Summary
The Income Tax Appellate Tribunal has dismissed an appeal filed by Anand Bagga concerning tax arrears for the assessment year 2011-12. Mr. Bagga has chosen to settle the dispute under the Vivad Se Vishwas Scheme, having submitted the necessary application forms. The Tribunal allowed the withdrawal of the appeal, with the provision that it can be re-instituted if the settlement under the scheme is not ultimately resolved.

Court :
ITAT New Delhi

Brief :
The present appeal by the assessee is directed against theorder of Commissioner of Income Tax (Appeals)-Faridabad, dated 28.06.2019 passed for assessment year 2011-12.

Citation :
ITA No.6647/Del./2019

IN THE INCOME TAX APPELLATE TRIBUNAL,
DELHI BENCH: ‘SMC-1’ NEW DELHI

BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
AND
SHRI O.P. KANT, ACCOUNTANT MEMBER
[Through Video Conferencing]
ITA No.6647/Del./2019

Assessment Year: 2011-12
Shri Anand Bagga,
House No. 5M-32, NIT,
Faridabad
PAN :AFBPB0177R
(Appellant) 

Vs.

 ITO,
Ward-1(1),
Faridabad
(Respondent)

ORDER

PER O.P. KANT, AM:

The present appeal by the assessee is directed against theorder of Commissioner of Income Tax (Appeals)-Faridabad, dated 28.06.2019 passed for assessment year 2011-12.

2. The learned counsel for the assessee has requested for withdrawal of the appeal filed by the assessee and stated that theassessee has opted to settle the dispute relating to tax arrears forassessment year under consideration under the ‘Vivad Se Vishwas Scheme, 2020’ and has applied Form Nos. 1 and 2 for the same. The Form No. 3 is still awaited.

3. Learned DR did not object to the same.

4. In view of above, we accept the request of the assessee forwithdrawal of the appeal. However, if the dispute relating to taxarrears is not ultimately resolved in terms of the ‘Vivad Se Vishwas Scheme, 2020’, the assessee shall be at liberty to approach the Tribunal for re-institution of the appeal and the Tribunal shall consider such application appropriately as per law.

5. In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 5th January, 2021.

 Sd/-                                                               Sd/-
(BHAVNESH SAINI)                                     (O.P. KANT)
JUDICIAL MEMBER                                     ACCOUNTANT MEMBER

Dated: 5th January, 2021.
RK/-(D.T.D.S.)

Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR


 
Asst. Registrar, ITAT, New Delhi 
 

FAQ :

The appeal concerned tax arrears for the assessment year 2011-12.

The assessee, Anand Bagga, opted to settle the tax arrears under the Vivad Se Vishwas Scheme, 2020.

The Tribunal accepted the assessee's request and dismissed the appeal as withdrawn.

Yes, if the dispute is not resolved under the Vivad Se Vishwas Scheme, the assessee can approach the Tribunal to re-institute the appeal.

 



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