M/s. Educomp Professional Education Ltd., New Delhi V. ACIT, Gurgaon

ITA 3629/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4178 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 17-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DLEHI BEFORE SHRI G.S. PANNU, VICE-PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.3629/DEL/2016 ASSESSMENT YEAR: 2010-11 EDUCOMP PROFESSIONAL EDUCATION VS. ACIT, CIRCLE-1, LTD., C/O RAJNISH & ASSOCIATES, CAS GURGAON 92 & 87, DEFENCE COLONY FLYOVER MARKET, NEW DELHI PAN : AABCE9327L (APPELLANT) (RESPONDENT) APPELLANT BY : SH. RAJESH AGARWAL, AR RESPONDENT BY: SH. M. BARANWAL, SR. DR DATE OF HEARING: 10/02/2021 DATE OF ORDER : 10/02/2021 ORDER PER G.S. PANNU, V.P. THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2010-11 IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)- 1, GURGAO N DATED 29.03.2016. 2. THE ASSESSEE, VIDE ITS LETTER DATED 22.01.2021, RECEIVED THROUGH EMAIL, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL F ILED BY HIM AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE R ELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER T HE VIVAD SE VISHWAS SCHEME, 2020. 2 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE ACT, THE ASSESS EE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPE AL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIR TUAL HEARING IN PRESENCE OF PARTIES ON 10 TH FEBRUARY, 2021. SD/- SD/- (K. NARASIMHA CHARY) (G.S. PANNU) JUDICIAL MEMBER VICE- PRESIDENT DATED: 10/02/2021 AKS