KUMAON MANDAL VIKAS NIGAM LTD., NAINITAL V. ACIT, CIRCLE- 3, NAINITAL

ITA 40/DDN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4701 (ITAT-DEHRADUN)
• Duration Of Justice: 3 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 02-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘DB’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHARY, JUDICIAL MEMBER ITA No. 40/DDN/2019 (Assessment Year : 2014-15) Kumaon Mandal Vikas Nigam Ltd., OAK Park, Mallital, Nainital, Uttarakhand-01 PAN No. AABCK 4290 L Vs. ACIT Circle – 3 Nainital (APPELLANT) (RESPONDENT) Assessee by Shri Pawan Nath, C.A. Revenue by Shri N. C. Upadhyay, Sr. D.R. Date of hearing: 22.06.2022 Date of Pronouncement: 22.06.2022 ORDER PER ANIL CHATURVEDI, AM : This appeal filed by the assessee is directed against the order dated 12.03.2019 of the Commissioner of Income Tax (Appeals)-Haldwani relating to Assessment Year 2014-15. 2. Before us, assessee has moved an application dated 25.10.2021 wherein assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form- 1) and undertaking (Form-2) Scheme and department had issued 2 Form No. - 5. The assessee therefore seeks to withdraw the appeal, to which the Revenue has no objection. 3. After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. With these directions, appeal of the assessee is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed. Order pronounced in the open court on 22.06.2022, immediately after conclusion of the hearing of the matter in virtual mode. Sd/- Sd/- (NARENDER KUMAR CHOUDHARY) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 22.06.2022 PY* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI