ACIT, New Delhi V. M/s Mahaketu Promotors & Developers P.Ltd., New Delhi

ITA 305/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5950 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 18-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: E NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.305/DEL./2017 ASSESSMENT YEAR: 2007-08 ACIT, CENTRAL CIRCLE-25, NEW DELHI VS. M/S. MAHAKETU PROMOTORS & DEVELOPERS P. LTD., LGF-10, VASANT SQUARE MALL, PLOT-A, SECTOR-B, POCKET-V, VASANT KUNJ, NEW DELHI PAN :AAECM8422F (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST ORDE R DATED 27.10.2016 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-29, NEW DELHI, PERTAINING TO ASSESSMENT Y EAR 2007-08. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, AT THE OUTSE T, STATED THAT THE ASSESSEE HAS SETTLED THE MATTER UNDER THE VIVAD SE VISHWAS SCHEME, 2020. HE, THEREFORE, SEEKS PERMISSI ON TO TREAT APPELLANT BY MS. PRAMITA M. BISWAS, CIT(DR) RESPONDENT BY SHRI AKSHIT GOEL, CA DATE OF HEARING 03.02.2021 DATE OF PRONOUNCEMENT 03.02.2021 2 ITA NO. 305/DEL./2017 THE APPEAL AS DEEMED TO BE WITHDRAWN UNDER THE PROV ISIONS OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE ASSESSEE H AS ALSO FILED A COPY OF FORM NO. 3 ISSUED BY THE RESPECTIVE PRINCIPAL COMMISSIONER OF INCOME TAX, WHICH IS PLACED ON FILE . 3. WE HAVE HEARD LEARNED REPRESENTATIVE OF BOTH THE P ARTIES THROUGH VIDEO CONFERENCING AND HAVE PERUSED FORM NO . 3 ISSUED BY INCOME-TAX DEPARTMENT WITH REFERENCE TO PRESENT APPEAL. FOR READY REFERENCE, SECTION 4(2) OF THE DIRECT TAX VIVA D SE VISHWAS ACT (SUPRA) READS AS UNDER: 4. (1) . (2) UPON THE FILING THE DECLARATION, ANY APPEAL PEN DING BEFORE THE INCOME-TAX APPELLATE TRIBUNAL OR COMMISSIONER (APPE ALS), IN RESPECT OF THE DISPUTED INCOME OR DISPUTED INTEREST OR DISP UTED PENALTY OR DISPUTED FEE AND TAX ARREAR SHALL BE DEEMED TO HAVE BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 IS ISSUED BY THE DESIGNATED AUTHORITY. 4. IN VIEW OF THE ABOVE, AS THE FORM NO. 3 HAS BEEN I SSUED IN THE CASE OF THE ASSESSEE, THE APPEAL OF THE REVENUE IS DEEMED TO BE WITHDRAWN. HENCE, THE APPEAL IS DISMISSED AS WIT HDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (BHAVNESH SAINI) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 3 RD FEBRUARY, 2021. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI