DCIT, CIRCLE- 7(1), NEW DELHI V. DLF COMMERCIALS DEVELOPERS LTD., NEW DELHI

ITA 4160/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2627 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 22-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.4160/DEL/2017 ASSESSMENT YEAR : 2007-08 DCIT CIRCLE 7(1) NEW DELHI PAN : AABCD 4619 C VS. DLF COMMERCIALS DEVELOPERS LTD., 9 TH FLOOR, DLF CENTRE, SANSAD MARG, NEW DELHI (APPELLANT) (RESPONDENT) A SSESSEE BY SHRI SATYAJEET GOEL, C.A. RE VENUE BY MS. NIDHI SRIVASTAVA, CIT - DR DATE OF HEARING: 22 /0 2 /202 1 DATE OF PRONOUNCEMENT: 22 /0 2 /202 1 ORDER PER SUDHANSHU SRIVASTAVA , JM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 29.03.2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3, DELHI RELATING TO ASSESSMENT YEAR 2007-08. 2. BEFORE US, ASSESSEE HAS MOVED AN APPLICATION DATED 20.02.2021 WHEREIN THE ASSESSEE HAS STATED THAT IT HAS OPTED FOR VIVAD SE VISHWAS (VSV) 2020 AND HAS FILED THE DECLARATION (FORM- ITA NO. 4160/DEL/2017 DCIT VS. DLF COMMERCIALS DEVELOPERS LTD A.Y. 2007-08 2 1) AND UNDERTAKING (FORM-2) SCHEME AND SEEKING FOR WITHDRAWAL OF APPEAL TO WHICH LEARNED DR HAS NOT OBJECTED. 3. AFTER CONSIDERING THE REQUEST MADE BY THE ASSESSEE, WE DISMISS THE APPEAL OF REVENUE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID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 REVENUE 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 WITH THESE DIRECTIONS, APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22.02.2021, IMMEDIATELY AFTER CONCLUSION OF THE HEARING OF THE MATTER IN VIRTUAL MODE. SD/- SD/- (ANIL CHATURVEDI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 22.02.2021 *PRITI YADAV, SR.PS* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI