Gyan Vihar Society - Appeal of the assesse is withdrawn due to opting to settle the dispute under VSV Scheme

The Income Tax Appellate Tribunal has dismissed the appeal filed by Gyan Vihar Society for the assessment year 2013-14. This decision follows the assessee's request to withdraw the appeal, having chosen to settle their tax dispute under the Vivad Se Vishwas Scheme, 2020. The Tribunal noted that if the dispute isn't resolved through the scheme, the assessee can apply to have the appeal reinstated.

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.4322/Del./2018
Assessment Year: 2013-14

Gyan Vihar Society,
Mahendra Gargieya &
Associates, Advocates & Tax
Consultants, 537-538, 5th
Floor, Mahima’s Trinity, Near
Jyoti Rao Phule College, New
Sanganer Road,
Jaipur
PAN :AAAAG7190G
(Appellant) 

Vs. 

ITO(E),
Ward-1(2),
New Delhi
(Respondent)

ORDER

PER O.P. KANT, AM:

The present appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-40, New Delhi, dated 19.03.2018 passed for assessment year 2013-14.

2. The learned counsel for the assessee has filed Applicationdated 22nd December, 2020, wherein he 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’.

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 SeVishwas Scheme, 2020’, the assessee shall be at liberty toapproach 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 In the result, the appeal of the assessee is dismissed as withdrawn.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/-

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

 Asst. Registrar, ITAT, New Delhi