2021 (10) TMI 1337 - AT - Income Tax

Direct Tax Vivad Se Vishwas Act 2020 - appeal by the Revenue is directed against order passed by learned Commissioner of Income Tax (Appeals) for assessment year 2012-13 - assessee seeks permission to treat the appeal as deemed to be withdrawn under the provisions of Direct Tax Vivad Se Vishwas Act 2020 - HELD THAT - As the Form No. 3 has been issued in the case of the assessee the appeal of the Revenue is deemed to be withdrawn. Hence the appeal is dismissed as withdrawn. However if the tax arrears in dispute is not ultimately paid the Revenue shall be at liberty to file application for recall of the order and the Tribunal shall consider such application appropriately as per law.

Summary

Issues: Appeal against order dated 26.06.2018 for assessment year 2012-13 under the Direct Tax Vivad Se Vishwas Act, 2020.

The judgment delivered by the Appellate Tribunal ITAT Delhi pertains to an appeal by the Revenue against an order passed by the Commissioner of Income Tax (Appeals) for the assessment year 2012-13. The counsel for the assessee informed the Tribunal that the assessee had settled the matter under the "Vivad Se Vishwas Scheme, 2020" and had received Form No. 3. The counsel sought permission to treat the appeal as deemed to be withdrawn under the provisions of the Direct Tax Vivad Se Vishwas Act, 2020. The Tribunal heard both parties and examined Form No. 3 issued by the Income-tax Department. Referring to Section 4(2) of the Act, the Tribunal noted that upon filing the declaration, any pending appeal related to disputed income, interest, penalty, fee, and tax arrears shall be deemed withdrawn upon issuance of the certificate by the designated authority. Consequently, since Form No. 3 had been issued in the case of the assessee, the appeal of the Revenue was deemed withdrawn, leading to its dismissal. However, the judgment highlighted that if the tax arrears in dispute were not ultimately paid, the Revenue would have the opportunity to file an application for the order's recall, which the Tribunal would consider in accordance with the law. The order was pronounced in the open court, concluding the matter.