DCIT, New Delhi V. M/s. Tiger Sons Glass Industries Pvt. Ltd., New Delhi

ITA 3261/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1179 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 23-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: G NEW DELHI BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.3261/DEL/2017 ASSESSMENT YEAR: 2012-13 DCIT, CIRCLE-25(2), NEW DELHI VS. M/S. TIGER SONS GLASS INDUSTRIES PVT. LTD., 707, DEEPALI BUILDING, 92, NEHRU PLACE, NEW DELHI PAN :AAACT5821F (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST ORD ER DATED 09.01.2017 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-13, NEW DELHI, FOR ASSESSMENT YEAR 2012-1 3. 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 AND FORM NO. 3 HAS ALSO BEEN R ECEIVED BY APPELLANT BY SH. PRAKASH DUBEY, SR.DR RESPONDENT BY SH. PRATAP GUPTA, CA DATE OF HEARING 07.07.2021 DATE OF PRONOUNCEMENT 07.07.2021 2 ITA NO.3261/DEL/2017 THE ASSESSEE. HE, THEREFORE, SEEKS PERMISSION TO TR EAT THE APPEAL AS DEEMED TO BE WITHDRAWN UNDER THE PROVISIONS OF D IRECT TAX VIVAD SE VISHWAS ACT, 2020. 3.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DISPUTED INCOME OR DISPUTED INTEREST OR DISP UTED PENALTY OR DISPUTED FEE AND TAX ARREAR SHALL BE DEEMED TO HAVE BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 IS ISSUED BY THE DESIGNATED AUTHORITY. 4.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OF THE ABOVE, AS THE FORM NO. 3 HAS BEEN I SSUED IN THE CASE OF THE ASSESSEE, THE APPEAL OF THE REVENUE IS DEEMED TO BE WITHDRAWN.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/- (KULDIP SINGH) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 7 TH JULY, 2021. RK/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI