M/s. One Point Reality (P) Ltd., New Delhi V. ITO, New Delhi

ITA 1739/DEL/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0344 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Appeal Filed On: 01-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMANPREET

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH E: NEW DELHI ] BEFORE SHRI H.S.SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.1739/DEL/2016 (ASSESSMENT YEAR: 2011-12) M/S. ONE POINT REALITY (P) LTD., 8 D, HANSALAYA, 1 BARAKHAMBA ROAD, NEW DELHI - 110 001. PAN: AAACO7529B VS. ITO , WARD : 19 (1) NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SANAT KAPOOR, ADV.; REVENUE BY: MS. AMAN PREET, SR. DR DATE OF HEARING 2 3/1 2 / 2020 DATE OF PRONOUNCEMENT 2 3 / 1 2 / 2020 O R D E R PER PRASHANT MAHARISHI, A. M. 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (APPEALS)-7, NEW DELHI, DATED 13.01.2016 FOR THE ASSESSMENT YEAR 2011-12. 2. WHEN THE APPEAL WAS CALLED FOR HEARING, LETTER DATED 23.12.2020 WAS PRODUCED STATING THAT AS PER THE INSTRUCTION RECEIVED BY THE LD. AR THAT ASSESSEE IS CONSIDERING TO FILE APPLICATION IN VIVAD SE VISHWAS SCHEME, THEREFORE, THE MATTER MAY BE ADJOURNED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE OBJECTED TO THE SAME AND STATED THAT WHEN ASSESSEE IS GOING FOR VIVAD SE VISHWAS SCHEME, THE APPEAL MAY BE TREATED AS DISMISSED AND WITHDRAWN. 4. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS. AS TE ASSESSEE IS CONSIDERING FOR FILING THE APPLICATION UNDER VIVAD SE VISHWAS SCHEME, 2020 FOR SETTLEMENT OF THE DISPUTE, THERE IS NO PURPOSE IN ADJOURNING THE MATTER. HENCE, ADJOURNMENT REQUEST IS REJECTED. 5. AS THE ASSESSEE IS CONSIDERING TO GO FOR SETTLEMENT OF THE DISPUTE, BY FILING APPLICATION IN FORM NOS. 1 AND 2 UNDER VIVAD SE VISHWAS SCHEME, THE PAGE | 2 APPEAL OF THE ASSESSEE IS REQUIRED TO BE WITHDRAWN. THEREFORE, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND GRANT LIBERTY TO THE ASSESSEE TO FILE A MISCELLANEOUS APPLICATION FOR RECALL OF THIS ORDER IN CASE ASSESSEE IS NOT GRANTED FORM NO. 3 FOR SETTLEMENT OF THE DISPUTE BY THE REVENUE. 6. ACCORDINGLY, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON : 23/12/2020. SD/- SD/- ( H. S. SIDHU ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 23/12/2020 *MEHTA* COPY FORWARDED TO 1. APPELLANT; 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI DATE OF DICTATION 2 3 .12.2020. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 2 3 .12.2020. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 2 3 .12.2020. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/ PS 2 3 .12.2020. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 2 3 .12.2020. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 2 3 .12.2020. DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 2 3 .12.2020. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 2 3 .12.2020. 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