Tanwar Project Private Ltd., Panipat V. ACIT, Panipat

ITA 1361/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2620 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 06-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: G NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.1361/DEL./2017 ASSESSMENT YEAR: 2012-13 M/S. TANWAR PROJECT PRIVATE LTD., 1329, SECTOR-13-14, HUDA, PANIPAT VS. ACIT, CIRCLE, PANIPAT PAN :AADCT0454H (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 28.11.2016 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS), KARNAL, FOR ASSESSMENT YEAR 2012-13. 2. WE HAVE HEARD BOTH THE PARTIES THROUGH VIDEO CONFER ENCING. 3. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSE E HAS 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, APPELLANT BY SHRI AMIT KAUSHIK, ADV. RESPONDENT BY SHRI PRAKASH DUBEY, SR.DR DATE OF HEARING 22.02.2021 DATE OF PRONOUNCEMENT 22.02.2021 2 ITA NO.1361/DEL./2017 2020 FOR WHICH, HE HAS FILED FORM NO. 1 & 2 AND FO RM 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 IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESS EE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (BHAVNESH SAINI) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22 ND FEBRUARY, 2021. RK/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI