Commissioner Of Income Tax Delhi I v. Oswal Chemicals & Fertilizers Ltd.

$~13-14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 459/2006 COMMISSIONER OF INCOME TAX CEN ..... Appellant Through Mr. Abhishek Maratha, Advocate.

versus M/S OSWAL CHEMICALS & FERTILIZ ..... Respondent Through + ITA 108/2008 COMMISSIONER OF INCOME TAX DELHI I ..... Appellant Through Mr. Abhishek Maratha, Advocate.

versus OSWAL CHEMICALS & FERTILIZERS LTD. ..... Respondent Through % Date of Decision: 28th October, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE NAVIN CHAWLA

J U D G M E N T

MANMOHAN, J: (Oral) The hearing has been done by way of a video conferencing. CM APPL. 29289/2021 in ITA 459/2006 CM APPL. 29366/2021 in ITA 108/2008 1.

Present applications have been filed seeking a direction to the appellant-revenue to withdraw the appeal.

By:KRISHNA BHOJ 22:27:43 ITA 459/2006 & ITA 108/2008

2.

In pursuance to the order dated 2nd September, 2021 passed by this Court, learned counsel for the appellant states that respondent has been issued revised Form 3 by the designated authority. 3.

Learned counsel for the respondent states that the tax amount has been deposited as mentioned in the rectified Form 3. He further states that the present applications have been filed seeking direction to dispose of the appeals in view of the Vivaad Se Vishwaas [VSV] Act, so that the applicantrevenue is able to file intimation regarding the same in Form 4 for final settlement. He clarifies that if the captioned income tax appeals are not settled in terms of the Scheme given under the VSV Act, the appellantrevenue may be granted liberty to revive the income tax appeals. 4.

Consequently, the present applications are allowed and the appeals are disposed of with liberty to applicant-respondent to settle its dispute under VSV Act. However, in the event the matter is not settled in terms of the Scheme given under the VSV Act, the appellant-revenue is given liberty to seek revival of the present income tax appeals. 5.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J NAVIN CHAWLA, J OCTOBER 28, 2021 AS By:KRISHNA BHOJ 22:27:43 ITA 459/2006 & ITA 108/2008