Varun Tyagi, New Delhi V. ITO, Ward-35(5), New Delhi

ITA 44/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2786 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 03-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SMT. MADHUMITA ROY, JUDICIAL ME MBER ITA NO. 44/DEL/2019 ASSESSMENT YEAR : 2015-16 VARUN TYAGI, PLOT NO. 7, 3 RD FLOOR, NORTH EXTENSION, MODEL TOWN, DELHI-110009 (PAN: ACLPT5572B) INCOME TAX OFFICER, WARD 35(5), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI SANAT KAPOOR, ADVOCATE RESPONDENT BY: SHRI M. BARANWAL, SR. DR DATE OF HEARING : 24 .11.2020 DATE OF PRONOUNCEMENT : 24.11.2020 ORDER PER G.S. PANNU, VICE PRESIDENT THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-12, NEW DELHI DATED 07.09.2018 AND PERTAI NS TO ASSESSMENT YEAR 2015-16. 2. THE ASSESSEE, VIDE LETTER DATED 11 TH NOVEMBER, 2020, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY HIM AND STATED TH AT THE ASSESSEE HAS OPTED TO ITA 44/DEL/2019 2 SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEARS UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT'). 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS 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 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 REINSTITUTI ON OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WIT H 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 VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 24 TH NOVEMBER, 2020. SD/- SD/- (MADHUMITA ROY) ( G.S. PANNU ) JUDICIAL MEMBER VICE PRESIDENT GS ITA 44/DEL/2019 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR