ACIT, New Delhi V. M/s. Diligent Developers Pvt. Ltd., New Delhi

ITA 3650/DEL/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9989 (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: 2004-2005
• Appeal Filed On: 20-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

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 NO.3650/DEL./2016 ASSESSMENT YEAR: 2004-05 ACIT, CENTRAL CIRCLE-32, NEW DELHI VS. M/S. DILIGENT DEVELOPERS PVT. LTD., M-11, MIDDLE CIRCLE, CONNAUGHT PLACE, NEW DELHI PAN :AABCD7946G (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THE PRESENT APPEAL BY REVENUE IS DIRECTED AGAINST O RDER DATED 10.03.2016 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-30, NEW DELHI, PERTAINING TO ASSESSMENT Y EAR 2004-05. 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. HE, THEREFORE, SEEKS PERMISSI ON TO TREAT 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CA DATE OF HEARING 10.03.2021 DATE OF PRONOUNCEMENT 10.03.2021 2 ITA NO.3650/DEL./2016 THE APPEAL AS DEEMED TO BE WITHDRAWN UNDER THE PROV ISIONS OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE ASSESSEE H AS ALSO FILED A COPY OF FORM NO. 3 ISSUED BY THE RESPECTIVE PRINCIPAL COMMISSIONER OF INCOME TAX, WHICH IS PLACED ON RECO RD. 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DISPUTED INCOME OR DISPUTED INTEREST OR DISP UTED PENALTY OR DISPUTED FEE AND TAX ARREAR SHALL BE DEEMED TO HAVE BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 IS ISSUED BY THE DESIGNATED AUTHORITY. 4.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OF THE ABOVE, AS THE FORM NO. 3 HAS BEEN I SSUED IN THE CASE OF THE ASSESSEE, THE APPEAL OF THE REVENUE IS DEEMED TO BE WITHDRAWN.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/- (SUCHITRA KAMBLE) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 10 TH MARCH, 2021. RK/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI