Rococo Collection P.Ltd, New Delhi V. ITO, Ward-21(3), New Delhi

ITA 04/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8318 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 01-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI SMC-1 BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER & MS.SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.04/DEL/2019 ASSESSMENT YEAR : 2010-11 ROCOCO COLLECTION P.LTD., 149, VIGYAN VIHAR, NEW DELHI-110092. PAN-AACCR5511N VS ITO, WARD-21(3), NEW DELHI APPELLANT RESPONDENT APPELLANT BY SH. SANAT KAPOOR, ADV. RESPONDENT BY SH. AJAY KUMAR, SR.DR DATE OF HEARING 13 . 0 1.202 1 DATE OF PRONOUNCEMENT 13 . 0 1.202 1 ORDER PER R.K.PANDA, AM : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2010-11 IS DIRECTED AGAINST THE ORDER OF CIT(A)-7, NEW DELHI DATED 15.1 1.2018. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE ITS L ETTER DATED 12.01.2021, RECEIVED THROUGH EMAIL, HAS REQUESTED FOR WITHDRAWA L OF THE APPEAL FILED BY HIM AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE TH E DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMEN T YEAR IS NOT ULTIMATELY ITA NO.04/DEL/2019 2 | P A GE RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPEL LANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTIT UTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WIT H REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRT UAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 13 TH JANUARY, 2021. SD/- SD/- (SUCHITRA KAMBLE) (R.K.PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED-13.01.2021 * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI