Infinity eServices P.Ltd, Gurgaon V. ITO, Ward-12(2), New Delhi

ITA 4133/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7696 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 30-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.4133/DEL/2018 ASSESSMENT YEAR : 2014-15 M/S INFINITY E-SERVICES PVT. LTD. 7 FLOOR, UNIVERSAL TRADE TOWER, SECTOR-49, GURGAON, SOHNA ROAD, HARYANA-122001 PAN-AAFCA7533G VS. INCOME TAX OFFICER, WARD-1221), NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : SH. ABHISHEK MATHUR, ADV. RESPONDENT BY : SH. M. BARANWAL, SR. DR DATE OF HEARING : 20.01.2021 DATE OF PRONOUNCEMENT : 20.01.2021 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2015-16 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-4, NEW DELHI, DATED 28.03.2 018. 2. THE LEARNED COUNSEL FOR ASSESSEE, VIDE ITS LETTER DATED 16.01 .2021, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY HIM AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREA RS FOR THE ITA.4133/DEL/2018 2 ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE DIRECT TAX VIVAD S E VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTED FOR WITHDRAWAL OF THE SAID APPEAL 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGN ED TO RECORDS AND TREATED AS DISMISSED 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE T HE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE APPELLANT (I.E. ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL A ND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDEN T (I.E. THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOTH THE SIDES ON CONCLUSION OF VIRTUAL HEARING ON 20 JANUARY, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT F{X~{T COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT ITA.4133/DEL/2018 3 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR, ITAT, DELHI