Gupta Bros (India), New Delhi V. ACIT Circle - 62(1), New Delhi

ITA 1725/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3522 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 28-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation

Judgement Text

ITA No.-1725/Del/2019 Gupta Bros. (India) Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘C’: NEW DELHI) BEFORE SH. CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No:-1725/Del/2019 ( Assessment Year: 2013-14) Gupta Bros (India) 232, Jor Bagh, Delhi-110003 Vs. ACIT Circle – 62 (1) New Delhi APPELLANT RESPONDENT PAN NO. AAAFG4325Q Assessee By : Sh. J. S. Kapoor, CA Revenue By : Shri Sanjay Kumar Nargas, SR DR (A) This appeals by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals), New Delhi-20, [“Ld. CIT (A)”, for short], dated 20.12.2018 for Assessment Year 2013-14. Grounds taken in this appeal of Assessee is as under: 1. On the facts and circumstances of the case the Ld. CIT (Appeals) is wrong in confirming the addition of Rs.30,00,000/- U/s. 68 of the I Tax Act. 2. The Ld. CIT (Appeals) is wrong in confirming the addition on account Depreciation on Truck @ 30% claimed by the appellant. ITA No.-1725/Del/2019 Gupta Bros. (India) Page 2 of 4 3. The appellant craves leave to add/ alter / delete any of the Grounds of appeal at the time of hearing. (B) At the time of hearing, the learned Authorized Representative (“Ld. AR”, for short) for the Assessee informed us that the assessee has opted to settle the aforementioned appeal under Vivad Se Vishwas Scheme, 2020 (“VSVS”, for short) and that the assessee has filed the relevant forms. He drew our attention to letter from assessee’s side file, in Income Tax Appellate Tribunal (“ITAT”, for short) giving intimation of the same. It was also submitted by him that assessee has filed prescribed form under VSVS; and that Form-5 has been issued by designated authority under VSVS. In view of this, the learned AR as well as the Learned Commissioner of Income Tax (Departmental Representative) [“Ld. CIT(DR), for short] submitted before us that this appeal may be treated as withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS, and this appeal may be treated as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed. (B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the dispute(s) under this appeal before us is / are not settled under the aforesaid VSVS, then the assessee will be at liberty to approach ITAT for restoration of this appeal, in accordance with law. ITA No.-1725/Del/2019 Gupta Bros. (India) Page 3 of 4 (C) In the result, this appeal is dismissed. This order was already pronounced orally on 28 th April, 2022 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 28.04.2022. Sd/- Sd/- (C.M. GARG) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 28.04.2022 NEHA, Sr. Private Secretary Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA No.-1725/Del/2019 Gupta Bros. (India) Page 4 of 4 Date of dictation 28.04.2022 Date on which the typed draft is placed before the dictating Member 28.04.2022 Date on which the typed draft is placed before the Other Member 28.04.2022 Date on which the approved draft comes to the Sr. PS/PS 28.04.2022 Date on which the fair order is placed before the Dictating Member for pronouncement 28.04.2022 Date on which the fair order comes back to the Sr. PS/PS 28.04.2022 Date on which the final order is uploaded on the website of ITAT 28.04.2022 Date on which the file goes to the Bench Clerk 29.04.2022 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order