Pacific Projects Ltd., New Delhi V. DCIT, New Delhi

ITA 1776/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5304 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 24-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: APOORV BHARDWAJ

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER I.T.AS. NO.443/DEL/2014 & 1776/DEL/2017 ASSESSMENT YEAR 2006-07 PACIFIC PROJECTS LIMITED, 301-307, 2 ND FLOOR, BUILDING NO.9, DDA SERVICE CENTER, SECTOR-5, ROHINI, NEW DELHI. V. DY. COMMISSIONER OF INCOME TAX, CIRCLE-14(1), NEW DELHI. TAN/PAN: AADCP5269R (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI RANO JAIN, ADV. RESPONDENT BY: SHRI APOORV BHARDWAJ, SR.D.R. DATE OF HEARING: 03 02 2021 DATE OF PRONOUNCEMENT: 03 02 2021 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEALS HAVE BEEN FILED BY THE ASSESS EE AGAINST THE IMPUGNED ORDER DATED 04.09.2013 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-XVII, DELHI FO R THE ASSESSMENT YEAR 2006-07 AND ORDER DATED 04.01.2017 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-XXXVI, NEW DELHI FOR THE ASSESSMENT YEAR 2006-07. 2. THE LD. COUNSEL FOR THE ASSESSEE, VIDE ITS LETTE R DATED 3 RD FEBRUARY, 2021 HAS INTIMATED THE TRIBUNAL THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE V IVAD SE I.T.AS. NO.443/DEL/2014 & 1776/DEL/2017 2 VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTE D FOR WITHDRAWAL OF THE SAID APPEAL. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIO NED APPEALS ARE CONSIGNED TO RECORDS AND TREATED AS DIS MISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLIC ATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEA T. 5. IN VIEW OF THE AFORESAID, BOTH APPEALS ARE CONSI GNED TO RECORD AND, FOR STATISTICAL PURPOSES, ARE TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUA L HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 3 RD JANUARY, 2021. SD/- SD/- [B.R.R. KUMAR] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 3 RD JANUARY, 2021 PKK: