DCIT, Circle-10(1), New Delhi V. Gangetic Developers P.Ltd, New Delhi

ITA 3689/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3971 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 26-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA NO. 9278/DEL/2019 ASSTT. YEAR : 2016-17 ACIT, CIRCLE 10(1) ROOM NO. 238-A, 2 ND FLOOR, C.R. BUILDING, NEW DELHI 110 002 VS. GANGETIC DEVELOPERS P. LTD. PHONENIX UNITED MALL, KANPUR ROAD, LUCKNOW - 226012 PAN AAACH5735Q (APPELLANT) (RESPONDENT) ITA NO. 3689/DEL/2019 ASSTT. YEAR: 2015-16 DCIT, CIRCLE - 10(1) ROOM NO. 238-A, 2 ND FLOOR, C.R. BUILDING, NEW DELHI 110 002 VS. GANGETIC DEVELOPERS P. LTD. C-11, 3 RD FLOOR, PANCHSHEEL ENCLAVE, NEW DELHI 110 017 PAN AAACH5735Q (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE DEPARTMENT BY : SHRI M AHESH THAKUR , SR. DR DATE OF HEARING 28.05 .2021 DATE OF PRONOUNCEMENT 28.05 .2021 2 O R D E R PER G.S. PANNU, VP THE ABOVE TWO APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDER DATED 27.09.2019 PASSED BY THE LD. CIT (A)- 4, NEW DELHI AND ORDER DATED 30.1.2019 PASSED BY THE LD. CIT(A)- 35, NEW DELHI RELATING TO ASSESSMENT YEARS 2016-17 & 2015-16. 2. THE LD. COUNSEL FOR THE ASSESSEE, VIDE LETTER DATED 19 TH APRIL, 2021 HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY HIM ON THE GROUND THAT HE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020 AND CERTIFICATE TO THIS EFFECT IN FORM NO. 3 HAS ALREADY BEEN OBTAINED. IN RESPECT OF ITA NO.9278/DEL/19, THE FORM NO. 3 DATED 13.2.2021 ISSUED BY PR. CIT, DELHI-4 SHOWS NIL AMOUNT PAYABLE BY THE APPLICANT. IN RESPECT OF ITA NO. 3689/DEL/19 ALSO AS PER FORM NO. 3 DATED 11.2.2021 ISSUED BY PR. CIT DELHI-4, THE AMOUNT PAYABLE BY APPLICANT IS NIL. 3. LEARNED SR. DR HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL. 3 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEALS AND THE APPEALS ARE DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT TIME OF HEARING ITSELF I.E. ON 28 TH MAY, 2021. SD/- SD/- (AMIT SHUKLA) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT DATED: 28/05/2021 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI