M/s. Kripa Ram Dairy (P) Ltd., New Delhi V. DCIT, Ghaziabad

ITA 3290/DEL/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4336 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 25-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K J SINGH

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BEN CH, NEW DELH I BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.3290/DEL/2015 [A.Y 2010-11] M/S. KIRPA RAM DAIRY (P) DCIT LTD. NEAR BUS STAND, MURAD VS. CIRCLE-1 NAGAR, GHAZIABAD GHAZIABAD APPELLANT BY : SH. DEEPESH GARG, A DVOCATE RESPONDENT BY : SH. K.J SINGH, CIT DATE OF HEARING : 27.10.2020 DATE OF PRONOUNCEMENT : 27. 10.2020 ORDER PER N. K. BILLAIYA , AM : 1. THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE CIT(A), MUZAFFARNAGAR DATED 03.03.2015 PERTAINING T O A.Y. 2010-11. 2. THE SUM AND SUBSTANCE OF THE GRIEVANCE OF THE ASSES SEE IS THAT THE CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.4.27 CRORES MADE BY THE AO ON ACCOUNT OF SHARE PREMIUM. 2 3. AT THE VERY OUTSET THE COUNSEL FOR THE ASSESSEE STA TED THAT THE ASSESSEE IS CONTEMPLATING TO SETTLE THE DISPUTE UND ER VIVAD SE VISHWAS SCHEME AND IS AWAITING CERTIFICATE FROM THE APPROPR IATE AUTHORITY. THE APPEAL MAY BE TAKEN AS WITHDRAWN. 4. THOUGH THE DR REQUESTED FOR ADJOURNMENT BUT WE ARE OF THE OPINION THAT THE APPEAL CAN BE DISMISSED AS WITHDRAWN. HOWE VER, THE ASSESSEE WOULD BE AT LIBERTY TO APPROACH THE TRIBUNAL IF FOR SOME TECHNICAL REASON THE DISPUTE IS NOT SETTLED UNDER VIVAD SE VISHWAS S CHEME. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 27.10.2020. SD/- SD/- [SUCHITRA KAMBLE] [ N. K. BILLAIYA] JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED: 27.10.2020 *NEHA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR ITAT, NEW DELHI 3 DATE OF DICTATION 27.10.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 27.10.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 27.10.2020 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS 27.10.2020 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 27.10.2020 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 27.10.2020 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 27.10.2020 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27.1 0.2020 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGIST RAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER