M/s. SVP Industries Ltd., Uttar Pradesh V. ACIT, New Delhi

ITA 1496/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8106 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 21-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M P RASTOGI ADV SHRI S S NEGI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: B NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.1496/DEL./2016 ASSESSMENT YEAR: 2011-12 M/S. SVP INDUSTRIES LTD., MANSOORPUR, DISTT.- MUZAFFARNAGAR, UTTAR PRADESH VS. ACIT, CENTRAL CIRCLE-19, NEW DELHI PAN :AAECS3637C (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THE PRESENT APPEAL BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-30, N EW DELHI, DATED 30.01.2016 PASSED FOR ASSESSMENT YEAR 2011-12 . 3. AT THE OUTSET, SHRI M.P. RASTOGI, ADVOCATE, THE LE ARNED COUNSEL FOR THE ASSESSEE, HAS REQUESTED FOR WITHDR AWAL OF THE APPEAL AS THE ASSESSEE HAS OPTED TO SETTLE THE DISP UTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSI DERATION, APPELLANT BY SHRI M.P. RASTOGI, ADV. RESPONDENT BY SHRI S.S. NEGI, SR.DR DATE OF HEARING 14.01.2021 DATE OF PRONOUNCEMENT 14.01.2021 2 ITA NO.1496/DEL./2016 UNDER THE VIVAD SE VISHWAS SCHEME, 2020, FOR WHICH, HE HAS FILED FORM NO. 1 & 2. 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. AS THE LEARNE D DR HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT, ACCO RDINGLY, WE HOLD SO. 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 IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESS EE IS DISMISSED AS WITHDRAWN.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: 14 TH JANUARY, 2021. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI