M/s Sheela Foam Pvt. Ltd., Ghaziabad V. DCIT, New Delhi

ITA 2291/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8534 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 27-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARNWAL
• Assessee Lawyers: MANISHA SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI A BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.9412/DEL/2019 ASSESSMENT YEAR : 2012-13 SHEELA FOAM LTD., C-55, PREET VIHAR, VIKAS MARG, NEW DELHI-110092. PAN- AAACS0189B VS ACIT, CENTRAL CIRCLE-6, NEW DELHI. APPELLANT RESPONDENT ITA NO.2291/DEL/2016 ASSESSMENT YEAR : 2012-13 SHEELA FOAM PVT.LTD., 37/2, SITE-IV, SAHIBABAD INDL. AREA, GHAZIABAD. PAN-AAACS0189B VS DCIT, CENTRAL CIRCLE-6, NEW DELHI. APPELLANT RESPONDENT APPELLANT BY MS.MANISHA SHARMA, ADV. RESPONDENT BY SH.M.BARNWAL, SR.DR DATE OF HEARING 08.01.2021 DATE OF PRONOUNCEMENT 08.01.2021 ORDER PER G.S. PANNU, VP : BOTH APPEALS BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2012-13 ARE DIRECTED AGAINST THE ORDERS OF LEARNED CIT(A), NEW DELHI D ATED 10.10.2019 & 04.03.2016 RESPECTIVELY. 2. THE ASSESSEE, VIDE ITS LETTER DATED 30.12.2020, RECEIVE D THROUGH EMAIL, HAS REQUESTED FOR WITHDRAWAL OF THE APPEALS FILED BY HER AND STAT ED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELA TING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UN DER THE VIVAD SE VISHWAS SCHEME, 2020. ITA NO.-9412/DEL/2019 & OTHERS 2 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPE ALS ARE CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESS MENT 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 APPLICATIO N APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE ) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, BOTH APPEALS ARE CONSIGNED T O RECORD AND, FOR STATISTICAL PURPOSES, ARE TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HE ARING IN THE PRESENCE OF BOTH THE PARTIES ON 08 TH JANUARY, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (G.S. PANNU) JUDICIAL MEMBER VICE PRESID ENT * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI