M/s. Shyam Telecom Ltd., New Delhi V. ACIT, New Delhi

ITA 4327/DEL/2011

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4236 (ITAT-DELHI)
• Duration Of Justice: 9 year(s) 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I1
• Next Hearing Date: 13-06-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 29-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1 NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.4327/DEL/2011 ASSESSMENT YEAR 2007-08 M/S. SHYAM TELECOM LTD., A-60, NARAINA INDUSTRIAL AREA-I, NEW DELHI. V. ACIT, CENTRAL CIRCLE-2, NEW DELHI. TAN/PAN: AAACS0297E (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI ABHISHEK AGGARWAL, ADV. RESPONDENT BY: SHRI SURENDER PAL, CIT-D.R. DATE OF HEARING: 11 02 2021 DATE OF PRONOUNCEMENT: 11 02 2021 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 29.07.2011 PASSED BY ASSISTA NT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, NEW D ELHI FOR THE ASSESSMENT YEAR 2007-08. 2. THE LD. COUNSEL FOR THE ASSESSEE, VIDE ITS LETTER D ATED 11 TH FEBRUARY, 2021 HAS INTIMATED THE TRIBUNAL THAT THE ASSESS EE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR T HE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTED FOR WITHDRA WAL OF THE SAID APPEAL. I.T.A. NO. 4327/DEL/2011 2 3. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSM ENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO A PPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNA L SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH R EGARD TO THE AFORESAID CAVEAT. 4. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 11 TH FEBRUARY, 2021. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11 TH FEBRUARY, 2021 PKK: