R S Khanna & Sons, New Delhi V. DCIT, Circle-62(1), New Delhi

ITA 378/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 7321 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2015-2016
• Appeal Filed On: 17-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N. K. CHOUDHRY, JUDICIAL MEMBER (Through Video Conferencing) ITA No. 378/Del/2019 (Assessment Year: 2015-16) R.S. Khanna & Sons, J-10/44, Rajouri Garden, New Delhi PAN: AAAF5491E Vs. DCIT, Circle-62(1), New Delhi (Appellant) (Respondent) Assessee by : Shri J. C. Kapoor, CA Shri Tarun Kapoor, CA Revenue by: Shri Vipul Kashyap, Ld. Sr. DR Date of Hearing 09/03/2022 Date of pronouncement 09/03/2022 O R D E R PER N.K. CHOUDHRY, J. M.: 1. This appeal has been preferred by the Assessee against the order dated 28.11.2018 impugned herein, passed by the ld. Commissioner of Income Tax (Appeals)-20, New Delhi for the assessment year 2015-16. 2. The Assessee has preferred the instant application under consideration for withdrawal of the appeal. 3. During the course of hearing, the Ld. Counsel for the Assessee submitted that since the Assessee has availed the immunity scheme i.e; Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No.3 issued on 11.02.2021 in response to the application filed by the Assessee under the scheme, Page | 2 therefore the appeal of the Assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future. 4. The Ld. DR did not raise any objection, on the request of the Assessee for withdrawal of Appeal. 5. Having heard the parties and perused the application for withdrawal of the appeal and Form 3 dated 11.02.2021 (Copy already on record) issued by the Department, considering the facts and circumstances, the appeal of Assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance of law, hence ordered accordingly. 6. In the result, instant appeal of the Assessee stands dismissed as withdrawn. Order pronounced in the open court on 09/03/2022. -Sd/- -Sd/- (ANIL CHATURVEDI) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 09/03/2022 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi