M/s. Garg Dyeing & Processing Industries, Delhi V. JCIT, New Delhi

ITA 4356/DEL/2016

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9901 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 08-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAURAV DUDEJA
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI FRIDAY FRIDAY FRIDAY FRIDAY BENCH BENCH BENCH BENCH C CC C : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU, ,, , VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI K.N. CHARRY K.N. CHARRY K.N. CHARRY K.N. CHARRY , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NOS SS S. .. .4355 TO 4357 4355 TO 4357 4355 TO 4357 4355 TO 4357/DEL/20 /DEL/20 /DEL/20 /DEL/2016 1616 16 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR S SS S : : : : 2010 2010 2010 2010 - -- - 11 TO 2012 11 TO 2012 11 TO 2012 11 TO 2012 - -- - 13 1313 13 M/ M/M/ M/ S GARG DYEING & PROCESSING S GARG DYEING & PROCESSING S GARG DYEING & PROCESSING S GARG DYEING & PROCESSING INDUSTRIES, INDUSTRIES, INDUSTRIES, INDUSTRIES, G GG G- -- -2 B 2 B2 B 2 B- -- -1, MOHAN CORP, 1, MOHAN CORP, 1, MOHAN CORP, 1, MOHAN CORP, INSTRIAL ESTATE, MATHURA ROAD, INSTRIAL ESTATE, MATHURA ROAD, INSTRIAL ESTATE, MATHURA ROAD, INSTRIAL ESTATE, MATHURA ROAD, DELHI DELHI DELHI DELHI- -- -110006 110006 110006 110006 PAN : PAN : PAN : PAN : AAEFG4400A AAEFG4400A AAEFG4400A AAEFG4400A VS. VS. VS. VS. DCIT, DCIT, DCIT, DCIT, CIRCLE CIRCLE CIRCLE CIRCLE- -- -22(1), 22(1), 22(1), 22(1), NEW DELHI NEW DELHI NEW DELHI NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : SH. SHAILESH GUPTA , CA. RESPONDENT BY : SH . GAURAV DUDEJA, SR - DR. DATE OF HEARING : 28.12.2020 28.12.2020 28.12.2020 28.12.2020 DATE OF PRONOUNCEMENT : 28.12.2020 28.12.2020 28.12.2020 28.12.2020 ORDER ORDER ORDER ORDER PER PER PER PER BENCH BENCH BENCH BENCH : :: : THESE APPEALS ARE FILED BY THE ASSESSEE AGAINST TH E RESPECTIVE ORDERS OF LEARNED CIT(A), FOR THE ASSESSMENT YEARS 2010-11 TO 2012-13 RESPECTIVELY. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE HIS L ETTER DATED 27.12.2020, HAS INTIMATED THE TRIBUNAL THAT THE ASS ESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTED FOR WITHDRAWAL OF THE SAID APPEALS. M/S GARG DYEING & PROCESSING INDUSTRIES, 2 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEALS ARE CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT , THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE T RIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDEN T (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORES AID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEALS OF THE ASS ESSEE AND APPEALS OF THE REVENUE ARE CONSIGNED TO RECORD AND, FOR STA TISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOT H THE SIDES ON CONCLUSION OF VIRTUAL HEARING ON 28 TH DECEMBER, 2020. SD/ SD/ SD/ SD/- -- - SD/ SD/ SD/ SD/- -- - (K.N. CHARRY (K.N. CHARRY (K.N. CHARRY (K.N. CHARRY ) )) ) (G.S. PANNU) (G.S. PANNU) (G.S. PANNU) (G.S. PANNU) JUDICIAL ME JUDICIAL ME JUDICIAL ME JUDICIAL ME MBER MBER MBER MBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT F{X~{T COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR