ACIT, Circle-22(1), V. Vinod Kumar Singhal,

ITA 3916/DEL/2004

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4905 (ITAT-DELHI)
• Duration Of Justice: 16 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2001-2002
• Appeal Filed On: 03-09-2004
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANUNAV GUPTA
• Keywords: Set aside

Judgement Text

ITA NO. 3916/DEL/2004 1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI A BEN CH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 3916/DEL/2004 [ASSESSMENT YEAR: 2001-02] ACIT, CIRCLE-22(1), VS. SHRI VINOD KUMAR SINGHAL , NEW DELHI E-47/1, OKHLA INDUSTRIAL AREA, PHASE-2, NEW DELHI (PAN:AAOPS1162P) [APPELLANT] [RESPONDENT] REVENUE BY : SH. VIPUL KASHYAP, SR. DR. ASSESSEE BY : SH. ANUNAV GUPTA, CA ORDER PER H.S. SIDHU, JUDICIAL MEMBER, IN THE AFORESAID CASE, THE ADMN. OFFICER (J), (CIV IL-V), O/O THE REGISTRAR GENERAL, HONBLE HIGH COURT OF DELHI VIDE ITS LETT ER NO. 3/397 & SLP DATED 30.09.2019 HAS FORWARDED THE A COPY OF ORDER AS CO NTAINED IN JUDGMENT DATED 27.8.2019 AND COVERING LETTER NO. 27048/2010/SEC-XI V-A DATED 20.09.2018 RECEIVED FROM THE HONBLE SUPREME COURT OF INDIA F OR INFORMATION AND COMPLIANCE WHEREIN THE HONBLE SUPREME COURT OF IND IA HAS GIVEN THE FOLLOWING DIRECTIONS:- ITA NO. 3916/DEL/2004 2 IN THESE APPEALS ALSO THE IMPUGNED JUDGMENTS ARE SET ASIDE. HOWEVER, IT WILL BE OPEN FOR THE RESPONDENT IN THE ABOVE CASES TO SHOW, BY ADDUCTING THE NECESSARY FACTS, THAT THEY A RE DIRECT EXPORTERS AS WELL AND CAN THEREFORE AVAIL OF THE DE DUCTION AVAILABLE UNDER SECTION 80HHC(1) READ WITH (3). FOR THIS PURPOSE, THESE MATTER STAND REMANDED TO THE APPELLATE TRIBUN AL. ACCORDINGLY, THESE APPEALS STAND DISPOSED OF. 2. PURSUANT TO THE AFORESAID DIRECTIONS, THE PRESEN T APPEAL OF THE REVENUE WAS FIXED FOR HEARING FOR 13.10.2020 BEFORE THE TRI BUNAL. 3. AT THE TIME OF HEARING, SH. ANUNAV GUPTA, CA/AU THORISED REPRESENTATIVE OF THE ASSESSEE STATED THAT ASSESSEE HAS OPTED TO SETTLE THE DISPUTE INVOLVED UNDER THE DISPUTE RESOLUTION SCHEM E VIVAD SE VISHWAS SCHEME. HE HAS ALSO FILED THE COPY OF FORM-1 & FOR M-2 DATED 01.10.2020 FILED BEFORE THE DEPARTMENT AND REQUESTED THAT THE PRES ENT APPEAL MAY BE KEPT PENDING TILL THE LD. CIT ADMITS ASSESSEES CASE U NDER VIAVAD SE VISHWAS SCHEME. IN THIS REGARD, HE ESPECIALLY DRAW OUR AT TENTION FORM NO. 2 AT LAST PAGE WHICH IS AN UNDERTAKING UNDER SUB-SECTION (5 ) OF SECTION 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, GIVEN BY THE ASSESS EE BEFORE THE DEPARTMENT FOR OPTING OF VIVAD SE VISHWAS SCHEME. 4. LD. SR. DR HAS NOT RAISED ANY SERIOUS OBJECTION. 5. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORDS ESPECIALLY THE FORM-I & II PARTICULARLY FROM-2 LAST PAGE WHICH IS AN UNDERTAKING UNDER ITA NO. 3916/DEL/2004 3 SECTION SUB-SECTION (5) OF SECTION 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 GIVEN IN FORM-2. THE CONTENTS OF THE SAME ARE REPRODUCED AS UNDER:- I VINOD KUMAR SINGHAL, S/O OF SHRI MOOL CHAND SING HAL HAVING PAN AAOPS1162P, AADHAR NUMBER 207598055831 HAVING DECIDED TO AVAIL THE BENEFIT OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 DO HEREBY VOLUNTARILY WAIVE AL L MY RIGHTS, WHETHER DIRECT OR INDIRECT, TO SEEK OR PU RSUE ANY REMEDY OR ANY CLAIM IN RELATION TO THE TAX ARREARS WHICH MAY OTHERWISE BE AVAILABLE TO ME UNDER ANY LAW FOR THE TIME BEING IN FORCE, IN EQUITY, BY STATUTE OR UNDER ANY AGREEMENT ENTERED INTO BY INDIA WITH ANY OTHER COUNTRY OR TER RITORY OUTSIDE INDIA WHETHER FOR PROTECTION OF INVESTMENT OR OTHERWISE. THE ABOVE UNDERTAKING IS IRRECOVERABLE. I ALSO CONF IRM THAT I AM AWARE OF ALL THE CONSEQUENCES OF THIS UNDERTAKIN G. PLACE DELHI DATE 01/10/2020 THIS FORM HAS BEEN DIGITALLY SIGNED BY VINOD KUMAR SINGHAL HAVING PAN AAOPS1162P FROM IP ADDRESS 122.160.79.132 ON 01.10.2020. ITA NO. 3916/DEL/2004 4 6. KEEPING IN VIEW OF THE UNDERTAKING UNDER SUB-SEC TION (5) OF SECTION 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 GIVEN BY THE ASSESSEE, AS REPRODUCED ABOVE, IN OUR VIEW THAT THIS APPEAL SHOU LD BE DISPOSED OF WITH THE LIBERTY TO THE DEPARTMENT THAT IF THE DEPARTMENT DO ES NOT ISSUE FORM NO. 3 TO THE ASSESSEE, THEN THE DEPARTMENT IS AT LIBERTY TO FILE A MISCELLANEOUS APPLICATION FOR RECALLING THIS ORDER. IN VIEW OF A BOVE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED ON 15.10.2020. SD/- SD/- [PRASHANT MAHARISHI] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER SRB COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI ITA NO. 3916/DEL/2004 5