Cosmo Fiber Glass Ltd., New Delhi V. ITO, Ward- 6(3), New Delhi

CO 90/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0787 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 27-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A Y LEARNED
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES B : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA.NO.5574/DEL./2016 ASSESSMENT YEAR 2012-2013 THE INCOME TAX OFFICER, WARD 6(3), C.R. BUILDING, I.P. ESTATE, NEW DELHI 110 002. [ VS. M/S. COSMO FIBER GLASS LTD., SHOP NO.7, PLOT NO.1, VINOBHAPURI, NEW DELHI 110 025. PAN AAACC0289Q ( APPELLANT ) (RESPONDENT) C.O.NO.90/DEL./2019 ARISING OUT OF ITA.NO.5574/DEL./2016 - ASSESSMENT YEAR 2012-2013 M/S. COSMO FIBER GLASS LTD., SHOP NO.7, PLOT NO.1, VINOBHAPURI, NEW DELHI 110 025. PAN AAACC0289Q [ VS. THE INCOME TAX OFFICER, WARD 6(3), C.R. BUILDING, I.P. ESTATE, NEW DELHI 110 002. ( CROSS OBJECTOR ) (RESPONDENT) F OR REVENUE : MS. NIDHI SRIVASTAVA, CIT-DR FOR ASSESSEE : SHRI TARUN KUMAR, ADVOCATE DATE OF HEARING : 22 . 12 .20 20 DATE OF PRONOUNCEMENT : 22 . 12 .20 20 2 ITA.NO.5574/DEL./2016 & C.O.NO.90/DEL./2019 M/S. COSMO FIBER GLASS LTD., NEW DELHI. ORDER PER BHAVNESH SAINI, J.M. THE DEPARTMENTAL APPEAL AND CROSS OBJECTION BY ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-2, NEW DELHI, DATED 27.07.2016, FOR THE A.Y. 2012-2013. 2. LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT ASSESSEE HAS AVAILED VIVAD SE VISHWAS SCHEME, 2020 FOR SETTLEMENT OF THE IN WARD ISSUE IN THE DEPARTMENTAL APPEALS. HE HAS PLACED ON RECORD FORM NOS. 1 AND 2 AND HAS ALSO SUBMITTED THAT FORM NO.3 HAS ALSO BEEN ISSUED IN THE CASE OF ASSESSEE, COPIES OF WHICH ARE ALSO PLACED ON RECORD. SINCE THE MATTER IS SETTLED IN VIVAD SE VISHWAS SCHEME, 2020, LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT CROSS OBJECTION OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. HOWEVER, REQUEST IS SOUGHT FOR ADJOURNMENT ON BEHALF OF SR. D.R. WHO IS NOT PRESENT TODAY. 3. IN VIEW OF THE ABOVE FACTS THAT WHEN THE MATTER IS SETTLED IN DEPARTMENTAL APPEAL IN VIVAD SE VISHWAS 3 ITA.NO.5574/DEL./2016 & C.O.NO.90/DEL./2019 M/S. COSMO FIBER GLASS LTD., NEW DELHI. SCHEME, 2020, THEREFORE, THE DEPARTMENTAL APPEAL STANDS DISPOSED OF IN TERMS OF FORM NO.3. THERE IS NO NEED FOR ADJOURNMENT IN THE MATTER. REQUEST FOR ADJOURNMENT IS ACCORDINGLY REJECTED. THE CROSS OBJECTION OF THE ASSESSEE HAS BECOME INFRUCTUOUS AND IS ACCORDINGLY DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF REVENUE STANDS DISPOSED OF AND CROSS OBJECTION OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (B.R.R. KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 22 ND DECEMBER, 2020 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT B BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR, ITAT DELHI BENCHES : DELHI.