ITO ward-2(5), Noida V. Vikram Agarwal, Noida

ITA 4245/DEL/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9523 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 09-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMITABH GUPTA
• Assessee Lawyers: VINOD SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI SMC-2 BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER ITA NO.4245/DEL/2019 ASSESSMENT YEAR : 2010-11 ITO, WARD-2(5), NEW DELHI VS VIKRAM AGARWAL, A-30, SECTOR-26, NOIDA PAN_AGBPA5614M APPELLANT RESPONDENT APPELLANT BY SH.AMITABH GUPTA, ADV. RESPONDENT BY SH. VINOD SHARMA, SR.DR DATE OF HEARING 31 .12.2020 DATE OF PRONOUNCEMENT 31 .12.2020 ORDER PER R.K.PANDA, AM : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2010-11 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-1, NOIDA DATED 29.11.2018. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE ITS L ETTER DATED 30.12.2020, HAS STATED THAT THE ASSESSEE HAS OPTED TO SETTLE TH E DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. THE ASSESSEE REQUESTED THAT THE DEPARTMENTAL APPEAL WHICH IS BEING SETTLED UNDER THE ABOVE ACT BE TREAT ED AS WITHDRAWN SUBJECT TO NO OBJECTION BY THE DEPARTMENT. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMEN T YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPEL LANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTIT UTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WIT H REGARD TO THE AFORESAID CAVEAT, AND ACCORDINGLY WE HOLD SO. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED AS WITHDRAWN. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRT UAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 31 ST DECEMBER, 2020. SD/- (R.K.PANDA) ACCOUNTANT MEMBER * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI