M/s. N & D Exports Pvt. Ltd., New Delhi V. ITO, New Delhi

CO 245/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5011 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 08-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: D NEW DELHI BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND SHRI K.N. CHARY, JUDICIAL MEMBER [THROUGH VIDEO CONFERENCING] C.O. NO. 245/DEL./2016 [ARISING OUT OF ITA NO.6524/DEL./2013] ASSESSMENT YEAR: 2004-05 M/S. N & D EXPORTS PVT. LTD. (MERGED INTO M & ME SYSTEMS PVT. LTD.), E-3/16, PART-II, MODEL TOWN, NEW DELHI VS. ITO, WARD-13(1), NEW DELHI PAN : AAACN4490N (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THIS CROSS OBJECTION BY THE ASSESSEE IS DIRECTED AG AINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEAL S), DATED 16.09.2013 PASSED FOR ASSESSMENT YEAR 2004-05. 2. WE HAVE HEARD BOTH THE PARTIES THROUGH VIDEO CONFER ENCING. 3. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSE E HAS APPELLANT BY MS. RASHI SINGHAL, ADV. RESPONDENT BY SHRI UMESH TAKYAR, SR.DR DATE OF HEARING 09.02.2021 DATE OF PRONOUNCEMENT 09.02.2021 2 C.O. NO. 245/DEL./2016 REQUESTED FOR WITHDRAWAL OF THE APPEAL AS THE ASSES SEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS F OR THE ASSESSMENT YEAR UNDER CONSIDERATION, UNDER THE VIVAD SE VISHWAS SCHEME, 2020 FOR WHICH, HE HAS FILED FORM NO 1 & 2 AND FOR M NO. 3 IS AWAITED. 2. HOWEVER, IT IS SUBMITTED BY THE APPELLANT THAT THE AFORESAID BE SUBJECTED TO A CAVEAT THAT IN CASE THE DISPUTE R ELATING TO TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED SCH EME, THE APPELLANT SHALL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. 3. IN VIEW OF THE AFORESAID, THE CROSS OBJECTION OF T HE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (K.N. CHARY) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 9 TH FEBRUARY, 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