Itenderpal under the VSV Scheme, has filed for Form No. 1 & 2 and is awaiting to receive Form No.3.

Last updated: 09 January 2021

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The Income Tax Appellate Tribunal has accepted the withdrawal of an appeal filed by Shri Itenderpal. This withdrawal is due to the assessee opting to settle tax arrears under the Vivad Se Vishwas Scheme, 2020, having filed Forms 1 and 2 and awaiting Form 3. The Tribunal noted that if the dispute isn't resolved under the scheme, the assessee can apply to have the appeal reinstated.

Court :
ITAT New Delhi

Brief :
The present appeal by the assessee is directed against theorder of Commissioner of Income Tax (Appeals), Rohtak, dated 15.01.2019 passed for assessment year 2014-15.

Citation :
ITA No.851/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.851/Del./2019
Assessment Year: 2014-15

Shri Itenderpal, Jhajjar,
H. No. 31, Near Phirni, VPO
Rewari Khera,
Jhajjar, Haryana
PAN :ABDPI7336M
(Appellant)

Vs.

ITO,
Ward-2,
Rohtak
(Respondent)

ORDER

PER O.P. KANT, AM:

The present appeal by the assessee is directed against theorder of Commissioner of Income Tax (Appeals), Rohtak, dated 15.01.2019 passed for assessment year 2014-15.

2. The learned counsel for the assessee has requested forwithdrawal of the appeal filed by the assessee and stated that theassessee has opted to settle the dispute relating to tax arrears for assessment year under consideration under the ‘Vivad SeVishwas 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 tax arrears 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 In the result, the appeal of the assessee is dismissed as withdrawn.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 :

Shri Itenderpal has withdrawn his appeal because he has opted to settle his tax arrears under the Vivad Se Vishwas Scheme, 2020.

The assessee has filed Form No. 1 and Form No. 2 under the Vivad Se Vishwas Scheme and is awaiting Form No. 3.

The Income Tax Appellate Tribunal accepted the request and dismissed the appeal as withdrawn.

Yes, if the dispute is not ultimately resolved under the Vivad Se Vishwas Scheme, the assessee is at liberty to approach the Tribunal for re-institution of the appeal.