Religare Capital Markets Limited, New Delhi V. Deputy Commissioner of Income-tax, New Delhi

ITA 1583/DEL/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5259 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I2
• Next Hearing Date: 01-08-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 18-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 144C; 13

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH 1-2 NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 1583/DEL/2Q15 FOR ASSESSMENT YEAR 2010 - 11 & ITA NO. 1763/DEL/2017 FOR ASSESSMENT YEAR 2012 - 13 RELIGARE CAPITAL MARKETS LIMITED 6TH FLOOR TOWER A - WING A PRIUS GLOBAL , PLOT NUMBER 11, A - 3, 4, 5 SECTOR - 125 NOIDA 201301 PAN AADCR5200R VS. THE ASST COMMISSIONER OF INCOME TAX CIRCLE - 21 (1) NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : MS SOUMYA JAIN C A REVENUE BY: MS VANDANA CIT DR DATE OF HEARING 08/02/2021 DATE OF PRONOUNCEMENT 08/02/2021 ORDER PER AMIT SHUKLA J M 01 ITA NUMBER 1583/DEL/2015 IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 21 (1) NEW DELHI FOR ASSESSMENT YEAR 2010 - 11 PASSED U/S 143 (3) READ WITH SECTION 144C OF THE INCOME TAX ACT, 1961 DATED 13/1/2015. 02 ITA NUMBER 1763/DEL/2017 IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE ASST COMMISSIONER OF INCOME TAX, CIRCLE - 21 (1), NEW DELHI PASSED U/S 143 (3) READ WITH SECTION 144C OF THE INCOME TAX ACT 1961 FOR ASSESSMENT YEAR 2012 - 13 PASSED ON 31ST OF JANUARY 2017. WHEN BOTH THESE APPEALS HAVE BEEN CALLED FOR HEARING, THE COUNSEL FOR THE ASSESSEE SUBMITTED A LETTER DATED 4 FEBRUARY 2021 STATING THAT ASSESSEE HAS FILED FORM NUMBER 1 AND 2 IN BOTH THESE APPEALS UNDER THE DIRECT TAX VIVAD SE VISWAS ACT, 2020 ON 30 DECEMBER 2020 AND FURTHER FORM NUMBER 3 HAS ALSO BEEN ISSUED FOR ASSESSMENT YEAR 2010 - 11 ON 29/1/2020 AND FOR ASSESSMENT YEAR 2012 - 13 ON 28TH OF JANUARY 2021. THEREFORE IT WAS STATED THAT BOTH THESE APPEALS MAY BE TREATED AS WITHDRAWN SUBJECT TO THE CAVEAT THAT IN CASE FORM FILED BY THE APPELLANT ARE REJECTED AT A LATER STAGE THAT THE APPELLANT SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE ABOVE APPEALS. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREED WITH THE CONTENTION OF THE ASSESSEE. ON CAREFUL ANALYSIS OF THE LETTER, DATED 4 FEBRUARY 2021 IT IS APPARENT THAT ASSESSEE HAS BEEN ISSUED FORM NUMBER 3 UNDER THE DIRECT TAX VIVAD SE VISWAS ACT 2020 FOR ASSESSMENT YEAR 2010 - 11 AND 2012 - 13 IN THE IMPUGNED APPEALS BEFORE US. IN VIEW OF THE ABOVE FACTS THE APPEALS FILED BY THE ASSESSEE ARE TREATED AS WITHDRAWN AND HENCE DISMISSED SUBJECT TO LIBERTY TO THE ASSESSEE TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEALS IN CASE THE DISPUTE INVOLVED IN THESE APPEALS ARE NOT SETTLED. IN VIEW OF THIS, BOTH THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS SAME ARE WITHDRAWN. DATED: 08 02/2021 A K KEOT COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI