M/s. Innovative Steels Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 4282/DEL/2011

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1705 (ITAT-DELHI)
• Duration Of Justice: 9 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 02-05-2017
• Assessment Year: 2003-2004
• Appeal Filed On: 26-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAURAV DUDEJA

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER A N D SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA. NO. 179/DEL/2008 AND ITA. NOS. 4282, 4283 & 5370/DEL/2011 (ASSESSMENT YEARS: 2004-05, 2003-04, 2005-06 & 2002-03) M/S. INNOVATIVE STEELS PVT. LTD., N127, GREATER KAILASH1, NEW DELHI. PAN: AAACI9255J VS. ITO, WARD-11(4), NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S ALIL AGGARWAL, ADV.; REVENUE BY: SHRI GAURAV DUDEJA , SR. DR DATE OF HEARING 09 /1 2 / 2020 DATE OF PRONOUNCEMENT 09 / 1 2 / 2020 O R D E R PER BENCH : 1. THESE ARE FOUR APPEALS FILED BY THE ASSESSEE BEFORE THE CO-ORDINATE BENCH FOR AY 2002-03 TO 2005-06 AGAINST THE ORDER OF THE LD CIT (A) . 2. AT THE TIME OF HEARING THE LD. AR SUBMITTED THAT ASSESSEE HAS ALREADY OPTED FOR VIVAD SE VISHWAS SCHEME AND HAS FILED FORM NOS. 1 & 2 UNDER THAT SCHEME, BUT FORM NO. 3 TO BE ISSUED SETTLING THE DISPUTE IN THE ABOVE IMPUGNED APPEALS IS AWAITED. 3. THE LD. DR SUBMITTED THAT AS ASSESSEE HAS ALREADY OPTED FOR VIVAD SE VISHWAS SCHEME, THESE APPEALS ARE TO BE TREATED AS WITHDRAWN. 4. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS AND AS SUBMITTED BY THE LD. AR ASSESSE HAS ALREADY OPTED FOR VIVAD SE VISHWAS SCHEME IN ALL THESE FOUR APPEALS BY FILING FORM NOS. 1 AND 2 UNDER THAT SCHEME, BUT FORM NO. 3 BE ISSUED BY THE PR. COMMISSIONER OF INCOME TAX IS AWAITED, THEREFORE, ALL PAGE | 2 THESE FOUR APPEALS ARE TREATED AS WITHDRAWN AND HENCE DISMISSED WITH A LIBERTY TO THE ASSESSEE THAT IN CASE FORM NO. 3 IS NOT ISSUED, ASSESSEE MAY PREFER A MISCELLANEOUS APPLICATION FOR RECALL OF THESE ORDERS AND THEN THE ISSUE WOULD BE DECIDED ON MERITS. 5. IN VIEW OF THE ABOVE FACTS ALL THESE FOUR APPEALS ARE TREATED AS WITHDRAWN AND HENCE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON : 09 /12/2020. SD/- SD/- ( AMIT SHUKLA ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 09 /12/2020 *MEHTA* COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI DATE OF DICTATION 09 .1 2 .2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 09 .1 2 .2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 9 .1 2 .2020 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/ PS 9 .1 2 .2020 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 9 .1 2 .2020 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 9 .1 2 .2020 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 9 .1 2 .2020 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 9 .1 2 .2020 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER PAGE | 3