DCIT, New Delhi V. M/s Vidur Promoters & Developers Pvt. Ltd., New Delhi

ITA 3649/DEL/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9990 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 20-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: C NEW DELHI BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER [THROUGH VIDEO CONFERENCING] ITA NOS.3648 & 3649/DEL./2016 ASSESSMENT YEARS: 2004-05 & 2005-06 DCIT, CENTRAL CIRCLE, NEW DELHI VS. M/S. VIDUR PROMOTERS & DEVELOPERS PVT. LTD., M-11, MIDDLE CIRCLE, CONNAUGHT PLACE, NEW DELHI PAN :AABCV6908L (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AGAIN ST DIFFERENT ORDERS DATED 10.03.2016 AND 16.03.2016 PA SSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-30, NE W DELHI, PERTAINING TO ASSESSMENT YEARS 2004-05 AND 2005-06 RESPECTIVELY. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, AT THE OUTSE T, STATED THAT THE ASSESSEE HAS SETTLED THE MATTERS UNDER THE VIVAD SE APPELLANT BY DR. VASUNDHARA UPMANYU, CIT(DR) RESPONDENT BY SHRI AJAY BHAGWANI, CA DATE OF HEARING 10.03.2021 DATE OF PRONOUNCEMENT 10.03.2021 2 ITA NO. 3648 & 3649/DEL./2016 VISHWAS SCHEME, 2020. HE, THEREFORE, SEEKS PERMISSI ON TO TREAT BOTH THE APPEALS AS DEEMED TO BE WITHDRAWN UNDER TH E PROVISIONS OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE ASSES SEE HAS ALSO FILED COPIES OF FORM NO. 3 ISSUED BY THE RESPECTIVE PRINCIPAL COMMISSIONER OF INCOME TAX IN BOTH THE CAPTIONED AP PEALS, WHICH ARE PLACED ON RECORD. 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 APPEALS. 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DISPUTED INCOME OR DISPUTED INTEREST OR DISP UTED PENALTY OR DISPUTED FEE AND TAX ARREAR SHALL BE DEEMED TO HAVE BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 IS ISSUED BY THE DESIGNATED AUTHORITY. 4.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 CASES OF THE ASSESSEE, BOTH THE APPEALS OF THE REVENUE ARE DEEMED TO BE WITHDRAWN. HENCE, THE APPEALS OF THE R EVENUE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (SUCHITRA KAMBLE) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 10 TH MARCH, 2021. RK/- COPY FORWARDED TO: 1. APPELLANT 3 ITA NO. 3648 & 3649/DEL./2016 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI