Prathama Bank, Moradabad V. DCIT, Circle -1 , Moradabad

ITA 2761/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 4429 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2015-2016
• Appeal Filed On: 28-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRIPRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI N. K. CHOUDHRY, JUDICIAL MEMBER ITA No. 2759 to 2761/Del/2019 (Assessment Years: 2013-14 to 2015-16) Prathama Bank, Ram Ganga Vihar, Phase-II, Moradabad, Uttar Pradesh PAN: AAAJP0988Q Vs. DCIT, Circle-1, Moradabad (Appellant) (Respondent) Assessee by : ShriVivek Gupta, CA Revenue by: Shri T. Kipgen, Ld. CIT DR Date of Hearing 19/04/2022 Date of pronouncement 19/04/2022 O R D E R PER N.K. CHOUDHRY, J. M.: 1. These appeals have been preferred by the same Assessee against the orders dated 31.01.2019 and 22.02.2019 impugned herein, passed by the ld. Commissioner of Income Tax (Appeals), Moradabad for the Assessment Years 2013-14 to 2015-16. Page | 2 2. The Assessee haspreferred 03 applications under consideration for withdrawal of the appeals. 3. During the course of hearing, the Ld. Counsel for the Assessee submitted that since the Assessee has availed the immunity scheme i.e; Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Forms No. 5 in response to the applications filed by the Assessee under the scheme, therefore these appeals of the Assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future. 4. The Ld. DR did not raise any objection on the request of the Assessee for withdrawal of Appeals. 5. Having heard the parties and perused the applications for withdrawal of the appeals and Forms No. 5 dated 25.01.2021 for Assessment Year 2013-14 to 2015-16 (Copy already on record) issued by the Revenue Department. Considering the facts and circumstances, the appeals of Assessee are liable to be dismissed as withdrawn with liberty as prayed for in accordance of law, hence ordered accordingly. 6. In the result, appeals of the Assessee stands dismissed as withdrawn. Order pronounced in the open court on19/04/2022. -Sd/- -Sd/- (PRADIP KUMAR KEDIA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 19/04/2022 A K Keot Copy forwarded to Page | 3 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi