VASP ENTERPRISES PVT. LTD., NEW DELHI V. DCIT, CIRCLE- 17(1), NEW DELHI

ITA 4345/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0158 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 03-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SOHAIL MALIK
• Assessee Lawyers: RAJENDRA PANDEY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.4345/DEL/2017 ASSESSMENT YEAR : 2006-07 VASP ENTERPRISES PVT. LTD., C/O. RAVI GUPTA, ADV. E-6A, KAILASH COLONY, NEW DELHI-110048 PAN AACCV 0567 A VS. DCIT CIRCLE 17(1), NEW DELHI (APPELLANT) (RESPONDENT) A SSESSEE BY SHRI RAJENDRA PANDEY RE VENUE BY SHRI SOHAIL MALIK, SR. D.R. DATE OF HEARING: 1 5 /0 3 /202 1 DATE OF PRONOUNCEMENT: 15 /0 3 /202 1 ORDER PER ANIL CHATURVEDI , AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 29.03.2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS)-9, NEW DELHI RELATING TO ASSESSMENT YEAR 2006-07. 2. BEFORE US, ASSESSEE HAS VIDE EMAIL DATED 15 TH MARCH, 2021 SEEKS WITHDRAWAL OF APPEAL AS IT HAS OPTED FOR VIVAD SE VISHWAS (VSV) 2020 AND HAS FILED THE DECLARATION (FORM-1) AND ITA NO. 4345/DEL/2017 A.Y. 2006-07 2 UNDERTAKING (FORM-2) SCHEME AND DEPARTMENT HAD ISSUED FORM- 3. LD. DR HAS NO OBJECTION TO THE WITHDRAWAL. 3. AFTER CONSIDERING THE AFORESAID FACTS, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID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 WITH THESE DIRECTIONS, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4.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 15.03.2021, IMMEDIATELY AFTER CONCLUSION OF THE HEARING OF THE MATTER IN VIRTUAL MODE. SD/- SD/- (SUCHITRA KAMBLE) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE:- 15.03.2021 PY* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI