Meenakshi Kansal, Shamli V. ITO, Ward-1(5), Shamli

ITA 1079/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4812 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 13-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAURAV DUDEJA
• Assessee Lawyers: PREM PRAKASH
• Section: 201

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC - 2 : NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO. 1079 / DEL /201 8 ASSESSMENT YEAR : 20 1 0 - 11 MEENAKSHI KANSAL, C/O PREM PRAKASH, ADVOCATE, 183/2, NORTH CIVIL LINES, MUZAFFARNAGAR, MUZAFFARN AGAR, UTTAR PRADESH. PAN : A YKPK6549A VS ITO, WARD - 1 ( 5 ), SHAMLI . (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : SHRI PREM PRAKASH ADVOCATE & SHRI ASHISH AGGARWAL, ADVOCATE RE VENUE BY : SHRI GAURAV DUDEJA, SR. DR DATE OF HEARING : 10 .0 2 . 20 2 1 DATE OF PRONOUNCEMENT : 10 . 0 2 . 20 2 1 ORDER PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 22.11. 201 7 OF THE CIT(A) , MUZAFFARNAGAR, RELATING TO THE ASSESSMENT YEAR 201 0 - 11 . 2. TH E LD. COUNSEL FOR THE ASSESSEE, AT THE TIME OF HEARING, S OUGHT WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER ITA NO. 1079 / DEL /201 8 2 THE VIVAD SE VISHWAS SCHEME, 2020. HOWEVER, F ORM NO.3 IS YET TO BE OBTAINED . HE ACCORDINGLY SUBMITTED THAT THIS APPEAL MAY BE ALLOWED TO BE WITHDRAWN. 3. IN ABSENCE OF ANY OBJECTION FROM THE SIDE OF THE LD. DR, THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE AP PEAL IS ALLOWED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID SCHEME , THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. THE ORDER W AS PRO NOUNCED IN THE OPEN COURT ON CONCLUSION OF THE HEARING ITSELF, I.E., ON 10 TH FEBRUARY, 2021. SD/ - ( R. K. PANDA ) ACCOUNTANT MEMBER DATED: 10 TH FEBRUARY, 2021. DK ITA NO. 1079 / DEL /201 8 3 COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI