PRANAV VIKAS INDIA PVT. LTD., NEW DELHI V. ITO, WARD- 20(1), NEW DELHI

ITA 4343/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2788 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 03-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARNWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI C BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI K.N.CHARY, JUDICIAL MEMBER ITA NO.4943/DEL/2019 ASSESSMENT YEAR : 2014-15 ATC TELECOM INFRASTRUCTURE PVT.LTD. (SUCCESSOR OF TRANSCEND INFRASTRUCTURE PVT.LTD.), 404, 4 TH FLOOR, SKYLINE ICON, ANDHERI-KURLA ROAD, ANDHERI, MUMBAI-400059. PAN-AACCT7115Q V S ADDL. CIT - 25(2), NEW DELHI. APPELLANT RESPONDENT APPELLANT BY SH. A.T.PANDA, ADV. RESPONDENT BY SH.M.BARNWAL, SR.DR DATE OF HEARING 25.02.2021 DATE OF PRONOUNCEMENT 25.02.2021 PER R.K.PANDA, AM : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2014-15 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-28, NE W DELHI DATED 29.03.2019. 2. THE ASSESSEE, VIDE ITS LETTER DATED 19.02.2021, RECEIVED THROUGH EMAIL, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL F ILED BY HIM AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE R ELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER T HE VIVAD SE VISHWAS SCHEME, 2020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. ITA NO. 4943/DEL/2019 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 RE INSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION AP PROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRT UAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 25 TH FEBRUARY, 2021. SD/- SD/- (K.N.CHARY) (R. K.PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBE R * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI