ACIT, circle-40(1), New Delhi V. Elkay Overseas India, New Delhi

ITA 1856/DEL/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9989 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 05-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 6; 2; 5(2); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO. 1856/DEL/2020 ASSESSMENT YEAR : 2015-16 ACIT, CIRCLE 40(1), NEW DELHI VS. ELKAY OVERSEAS INDIA, C-2/54, 5 TH FLOOR, RAJASTHALI APARTMENTS, PITAMPURA, DELHI 110 034 (PAN: AAAFE2120P) (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SH. M. BARANWAL, SR. DR. DATE OF HEARING : 16.07.2021 DATE OF PRONOUNCEMENT : 16.07.2021 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEA R 2015-16 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-14 , NEW DELHI. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE BEFORE U S AT THE TIME OF VIRTUAL HEARING. HOWEVER, THE ASSESSEES A. R. VIDE LETTER DATED 24.06.2021 HAS REQUESTED FOR DISMISSAL OF TH E APPEAL FILED BY THE REVENUE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSM ENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 20 20 AND THE LD. PCIT-15, DELHI HAS NOW ISSUED AN ORDER IN FORM 5 FOR FULL AND FINAL SETTLEMENT OF TAX ARREARS UNDER SECTION 5(2) READ WITH SECTION 2 6 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, A C OPY THEREOF HAS BEEN FILED. 3. LEARNED SENIOR DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF T HE ASSESSEES A.R. FOR DISMISSAL OF THE REVENUES APPEAL. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED HAVING BECOME INFRUCTUOUS. ABOVE DECISION WAS PRONOUNCED AT THE CONCLUSION OF VIRTUAL HEARING ON 16 TH JULY, 2021. SD/- SD/- (KUL BHARAT) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT SRB COPY FORWARDED TO: - 1. APPELLANT . 2. RESPONDENT. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR