Mewat Zinc Ltd, New Delhi V. ITO WARD - 16(4), New Delhi

ITA 3202/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1965 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 12-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: SMC, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA NO.3202/DEL./2019 ASSESSMENT YEAR: 2015-16 M/S. MEWAT ZINC LTD., L-7A (LGF), SOUTH EXTN. PART-II, NEW DELHI VS. ITO, WARD-16(4), NEW DELHI PAN :AAACM6502E (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THE PRESENT APPEAL BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-36, N EW DELHI, DATED 27.03.2019 PASSED FOR ASSESSMENT YEAR 2015-16 . 2. THE LEARNED COUNSEL FOR THE ASSESSEE HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O TAX ARREARS FOR ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020 AND FORM NO. 3 STILL AWAITED. 3. LEARNED DR DID NOT OBJECT TO THE SAME. APPELLANT BY SHRI RAJ KUMAR GUPTA, CA RESPONDENT BY SHRI PRAKASH DUBEY, SR.DR DATE OF HEARING 02.12.2020 DATE OF PRONOUNCEMENT 02.12.2020 2 ITA NO.3202/DEL./2019 4. IN VIEW OF ABOVE, WE ACCEPT THE REQUEST OF THE ASS ESSEE FOR WITHDRAWAL OF THE APPEAL. HOWEVER, IF THE DISPUTE R ELATING TO TAX ARREARS IS NOT ULTIMATELY RESOLVED IN TERMS OF THE VIVAD SE VISHWAS SCHEME, 2020, THE ASSESSEE SHALL BE AT LIBE RTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF THE APP EAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMI SSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND DECEMBER, 2020. SD/- SD/- (H.S. SIDHU) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 ND DECEMBER, 2020. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI