DCIT, New Delhi V. M/s. Hyper Quality India Pvt. Ltd., Gurgaon

ITA 2192/DEL/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9379 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2009-2010
• Appeal Filed On: 13-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M BARNWAL SENIOR
• Assessee Lawyers: VAIBHAV AGGARWAL
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH I-2 : NEW DELHI) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA NO.2192/DEL./2015 (ASSESSMENT YEAR : 2009-10) DCIT, CIRCLE 11 (2), VS. M/S. HYPER QUALITY INDIA P VT. LTD., NEW DELHI. 34, UDYOG VIHAR, PHASE IV, GURGAON 122 016. (PAN : AABCH7962E) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VAIBHAV AGGARWAL, AR REVENUE BY : SHRI M. BARNWAL, SENIOR DR DATE OF HEARING : 04.01.2021 DATE OF ORDER : 04.01.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, DCIT, CIRCLE 11 (2), NEW DELHI (HEREINAF TER REFERRED TO AS THE ASSESSEE), BY FILING THE PRESE NT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 27.01.2015 PASSE D BY LD. CIT(A)-44, NEW DELHI QUA THE ASSESSMENT YEAR 2009-1 0. 2. LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATIO N SEEKING ADJOURNMENT OF THE CASE ON THE GROUND THAT THE ASSE SSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS F OR THE ASSESSMENT ITA NO.2192/DEL./2015 2 YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWA S SCHEME, 2020 AND HAS FILED NECESSARY FORMS 1 & 2 WITH THE TAX DEPARTMENT. 3. KEEPING IN VIEW THE AFORESAID FACTS, PRESENT APP EAL IS HEREBY DISMISSED WITH LIBERTY TO GET IT RESTORED BY THE AS SESSEE IN CASE DISPUTE IS NOT SETTLED AS PER SCHEME. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. CONSEQUENTLY, THE PRESENT APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 4 TH DAY OF JANUARY , 2021 AFTER THE CONCLUSION OF THE VIRTUAL HEARING. SD/- SD/- (R.K. PANDA) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 4 TH DAY OF JANUARY, 2021 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-44, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.