BSM Developers Pvt. Ltd., New Delhi V. DCIT, New Delhi

ITA 2945/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2298 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 11-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SATPAL GULATI
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A : NEW DELHI) BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA NO.2945/DEL./2017 (ASSESSMENT YEAR : 2012-13) M/S. BSM DEVELOPERS PVT. LTD., VS. DCIT, C/O MR. BHUPINDER SINGH, CIRCLE 5 (1), BAMYAN BOUTIQUE HOTEL, NEW DELHI. 6A, RING ROAD, LAJPAT NAGAR-IV, NEW DELHI 110 024. (PAN : AACCB3689F) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI SATPAL GULATI, CIT DR DATE OF HEARING : 23.06.2021 DATE OF ORDER : 23.06.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, M/S. BSM DEVELOPERS PVT. LTD. (HEREINAFT ER REFERRED TO AS THE ASSESSEE), BY FILING THE PRESE NT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 09.02.2017 PASSE D BY LD. CIT(A)-35, NEW DELHI QUA THE ASSESSMENT YEAR 2012-1 3. 2. NONE PRESENT ON BEHALF OF THE ASSESSEE. HOWEVER , AN APPLICATION HAS BEEN FILED BY THE ASSESSEE STATING THAT THE ASSESSEE ITA NO.2945/DEL./2017 2 HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVA D SE VISHWAS SCHEME, 2020 AND HAS FILED NECESSARY FORMS 1 & 2 W ITH THE TAX DEPARTMENT, WHICH WAS ACCEPTED AND PROCESSED VIDE F ORM 3 ISSUED BY 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 23 RD DAY OF JUNE , 2021 AFTER THE CONCLUSION OF THE VIRTUAL HEARING. SD/- SD/- (N.K. BILLAIYA) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 23 RD DAY OF JUNE, 2021 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-35, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.