Deepak Mittal, Delhi V. ITO ward-47(2), New Delhi

ITA 4305/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4701 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 10-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-2, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.4305/DEL/2019 (FOR ASSESSMENT YEAR 2014-15) DEEPAK MITTAL 981, MALIWARA, NAI SARAK DELHI-110006 PAN NO. ADLPM 9298 A VS. ITO WARD-47(2), NEW DELHI (APPELLANT) (RESPONDENT) A SSESSEE BY MS. GUNJAN JAIN, C.A. RE VENUE BY SHRI SANJEEV MAHAJAN, SR. D.R. DATE OF HEARING: 12 / 0 5 /202 1 DATE OF PRONOUNCEMENT: 12 / 0 5 /202 1 ORDER PER ANIL CHATURVEDI, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 22.02.2019 OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 16, NEW DELHI PERTAINING TO ASSESSMENT YEAR 2014-15. 2. BEFORE US, ASSESSEE HAS MOVED AN APPLICATION DATED 12.05.2021 WHEREIN THE 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-3. 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 AFTER CONSIDERING THE REQUEST MADE BY THE ASSESSEE, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID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 WITH THESE DIRECTIONS THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4.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 12.05.2021 SD/- SD/- (SUCHITRA KAMBLE) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE:- 12.05.2021 PY* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI