Jai Bhagwan Garg, New Delhi V. DCIT, Central Circle, Karnal

ITA 2977/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0893 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 27-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANIMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A NO.2977/DEL/2018 (ASSESSMENT YEAR 2014-15) SHRI JAI BHAGWAN GAR G , BM-48, WEST SHALIMAR BAGH, NEW DELHI-110 088 PAN-AAWPG 2345L VS. DY.CIT, CENTRAL CIRCLE, KARNAL (APPELLANT) (RESPONDENT) APPELLANT BY NONE (WITHDRAWAL APPLICATION) RESPONDENT BY MS. ANIMA, SR. DR DATE OF HEARING 14.07.2021 DATE OF PRONOUNCEMENT 14.07.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST OR DER DATED 26.02.2018 PASSED BY THE LEARNED COMMISSIONER OF IN COME TAX (APPEALS)-3, GURGAON {CIT(A)} FOR ASSESSMENT YEAR 2 014-15. 2 ITA NO.2977/DEL/2018 JAI B HAGWAN GARG VS . DCIT 2.0 AS PER THE APPLICATION SUBMITTED ON BEHAL F OF THE ASSESSEE, THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATI NG TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 O F THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. THE ASSESSEE HAS PRAYED FOR WITHDRAWAL OF THE APPEAL. IT HAS BEEN SUBMITTED THAT FROM-III HAS BEEN RECEIVED. 3.0 CONSIDERING THE AFORESAID SITUATION, TH E CAPTIONED APPEAL IS CONSIGNED TO THE RECORDS AND TREATED AS DISMISSE D. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFO RESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TR IBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 3 ITA NO.2977/DEL/2018 JAI B HAGWAN GARG VS . DCIT 5.0 IN VIEW OF THE AFORESAID, THE APPEAL IS CO NSIGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, IS TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION O F VIRTUAL HEARING ON 14 TH JULY, 2021 SD/- SD/- (PRASHANT MAHARISHI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 14/07/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT DEHRADUN