Cosmique Pvt. Ltd., New Delhi V. ACIT, Circle- 6(2), New Delhi

ITA 2718/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5149 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 29-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAURAV DUDEJA
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH SMC SMC SMC SMC- -- -1 11 1 : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI R.K. PANDA, ACCOUNTANT R.K. PANDA, ACCOUNTANT R.K. PANDA, ACCOUNTANT R.K. PANDA, ACCOUNTANT MEMBER MEMBER MEMBER MEMBER ITA NO. ITA NO. ITA NO. ITA NO. 2718 2718 2718 2718/DEL/20 /DEL/20 /DEL/20 /DEL/201 11 19 99 9 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 20 2020 2014 1414 14- -- -1 11 15 55 5 COSMIQUE PVT. LTD., COSMIQUE PVT. LTD., COSMIQUE PVT. LTD., COSMIQUE PVT. LTD., 58, FIRST FLOOR, SOUTH 58, FIRST FLOOR, SOUTH 58, FIRST FLOOR, SOUTH 58, FIRST FLOOR, SOUTH PATEL NAGAR MARK PATEL NAGAR MARK PATEL NAGAR MARK PATEL NAGAR MARKET, ET, ET, ET, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 8 8 8 8 ( (( (PAN: PAN: PAN: PAN: AAACC9696H AAACC9696H AAACC9696H AAACC9696H) )) ) VS. VS. VS. VS. ACIT, CIRCLE 6(2), ACIT, CIRCLE 6(2), ACIT, CIRCLE 6(2), ACIT, CIRCLE 6(2), NEW DELHI NEW DELHI NEW DELHI NEW DELHI (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SH. GAURAV DUDEJA, SR. DR. DATE OF HEARING : 0 00 09 99 9.0 .0.0 .02 22 2.202 .202 .202 .2021 11 1 DATE OF PRONOUNCEMENT : 0 00 09 99 9.0 .0.0 .02 22 2.2021 .2021 .2021 .2021 ORDER ORDER ORDER ORDER PER PER PER PER R.K. PANDA, AM R.K. PANDA, AM R.K. PANDA, AM R.K. PANDA, AM : :: : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2014-15 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-33 , NEW DELHI. 2. THE LD. COUNSEL FOR THE ASSESSEES MANAGING DIRE CTOR VIDE HIS LETTER DATED 8.2.2021, HAS INTIMATED THE TRIBUNAL T HAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTED FOR WI THDRAWAL OF THE SAID APPEAL. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID A CT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROAC H THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH ITA NO ITA NO ITA NO ITA NO. . . . 2718 2718 2718 2718/ // /DEL/20 DEL/20 DEL/20 DEL/201 11 19 99 9 2 APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDEN T (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORES AID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGN ED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMIS SED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 9 TH FEBRUARY, 2021. SD/- ( (( ( R.K. PANDA R.K. PANDA R.K. PANDA R.K. PANDA ) )) ) ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE: 09.02.2021 SRB COPY FORWARDED TO: - 1. APPELLANT. . . . 2. RESPONDENT. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR ITA NO ITA NO ITA NO ITA NO. . . . 2718 2718 2718 2718/ // /DEL/20 DEL/20 DEL/20 DEL/201 11 19 99 9 3