ACIT (OSD) Ward-6(3), New Delhi V. CONSTRUCTIVE FINANCE P LTD., Jaipur

ITA 3051/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5858 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 07-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 ITA No. 3051/Del/2019 ACIT Vs. Constructive Finance, ND IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER I.T.A. No. 3051/DEL/2019 (A.Y 2005-06) ACIT (OSD) Ward : 6 (3), New Delhi. (APPELLANT) Vs. M/s. Constructive Finance Private Limited, 414/1, 4 th Floor, DDA Commercial Complex, District Centre, Janakpuri, New Delhi – 110 058. PAN No. AACCC9252D (RESPONDENT) ORDER PER YOGESH KUMAR US, JM 1. This appeal is filed by the Revenue for assessment year 2005-06 against the order of the ld. Commissioner of Income Tax (Appeals)–31, New Delhi, dated 31.01.2019. 2. At the time of hearing the ld. Counsel for the assessee submitted that the assessee has opted to settle the dispute involved in the Assessee by : Shri Ajit Jha, Advocate; (Proxy Counsel) Department by: Md. Gayasuddin Ansari, Sr. D. R.; Date of Hearing 19.07.2022 Date of Pronouncement 19.07.2022 2 ITA No. 3051/Del/2019 ACIT Vs. Constructive Finance, ND impugned appeal under The Direct Tax Vivad Se Vishwas Scheme, 2020 and filed Form No. 5 issued under the Scheme. Therefore, submitted that the appeal may be allowed to be withdrawn. 3. The ld. DR also agreed with the above contentions. 4. On careful consideration of the fact it is found that Form No. 5 has been issued to the assessee by the Department on 11 th June, 2021 under The Direct Tax Vivad Se Vishwas Act, 2020. Therefore, the appeal is allowed be withdrawn and hence dismissed. 5. In the result, appeal is dismissed. Order pronounced in the open court on : 19/07/2022. Sd/- Sd/- ( SHAMIM YAHYA ) (YOGESH KUMAR US) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 19/07/2022 *MEHTA* Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI. Draft dictated 19.07.2022 Draft placed before author 19.07.2022 3 ITA No. 3051/Del/2019 ACIT Vs. Constructive Finance, ND Approved Draft comes to the Sr.PS/PS 19.07.2022 Order signed and pronounced on 19.07.2022 File came to P.S. 19.07.2022 File sent to the Bench Clerk 19.07.2022 Date on which file goes to the AR Date on which file goes to the Head Clerk. Date of dispatch of Order. Date of uploading on the website