ACIT, New Delhi V. M/s. Frugal Developers Pvt. Ltd., Noida

ITA 1393/DEL/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7124 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2011-2012
• Appeal Filed On: 11-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B : NEW DELHI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. NO. 640 / DEL /2016 ASSESSMENT YEAR: 2011 - 12 M/S FRUGAL DEVELOPERS (P) L TD VS DCIT, CENTRAL CIRCLE - 18 C/O M/S RRA TAX INDIA, NEW DELHI D - 28 , SOUTH EXTENSION, PART - I , NEW DELHI - 110049 PAN: A A BCF 5805 E (APPELLANT) (RESPONDENT) I.T.A. NO. 1393/ DEL /2016 ASSESSMENT YEAR: 2011 - 12 A CIT, CENTRAL CIRCLE - 27 VS M/S FRUGAL DEVELOPERS (P) L TD NEW DELHI H - 123, SECTOR - 63, NOIDA , PAN: A A BCF 5805 E (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI SOMIL AGARWAL , ADVOCATE DEPARTMENT BY: SMT. NIDHI SRIVASTAVA, CIT - DR DATE OF HEARING: 28/08/2020 DATE OF PRONOUNCEMENT: 28/08/2020 ORDER PER K. NARASIMHA CHARY, JM CHALLENGING THE ORDER DATED 31/12/2015 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 25, DELHI ( LD. CIT(A) ) , IN THE CASE OF M/S FRUGAL DEVELOPERS PRIVATE LIMITED ( THE ASSESSEE ) FOR THE ASSESSMENT YEAR 2011 - 12, BOTH THE ASSESSEE AND REVENUE FILED THESE APPEALS. 2 2. AT THE OUTSE T, LD. AR SUBMITTED THAT THE ASSESSEE OPTED FOR THE SETTLEMENT OF THE DISPUTE THROUGH THE VIVAD SE VISHWAS SCHEME BY SUBMITTING FORM S 1 AND 2 AND THE ASSESSEE IS WAITING THE ISSUANCE OF FORM 3 BY THE AUTHORITIES. BOTH THE COUNSEL SUBMITTED THAT SUBJECT TO THE ISSUANCE OF FORM 3 BY THE AUTHORITIES, THESE APPEALS MAY BE DISMISSED AS WITHDRAWN, RESERVING THE RIGHT TO THE PARTIES TO SEEK RECALL OF THIS ORDER IN CASE OF ANY DISPUTE R ELATING TO THE ISSUANCE OF FORM NO. 3. 3. SINCE THE ASSESSEE HAD ALREADY OPTED FOR VIVAD SE VISHWAS SCHEME BY FILING FORM S NO. 1 AND 2 AND WAITING FOR ISSUANCE OF FORM NO. 3 BY THE AUTHORITIES, WE ARE OF THE CONSIDERED OPINION THAT THESE APPEALS COULD BE DISMISSED AS WITHDRAWN, RE SERVING RIGHT TO THE PARTIES TO SEEK THE RECALL OF THIS ORDER IN CASE OF ANY DISPUTE ARISING IN ISSUANCE OF FORM NO. 3. 4. BOTH THE APPEALS ARE ACCORDINGLY DISMISSED AS WITHDRAWN, AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 28 AUGUST, 2020 . (PRASHANT MAHARISHI) (K.NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28/08/2020 . AS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 DRAFT DICTATED ON DRAFT PLACED BEFORE AUTHOR DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON DATE OF UPLOADING ORDER ON THE WEBSITE FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.