M/s. Nipun Builders & Developers (P) Ltd., Delhi V. ACIT, New Delhi

ITA 440/DEL/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0303 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 11 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 21-01-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAGDISH SINGH
• Assessee Lawyers: DHARENDER KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIB UNAL DELHI BENCH E: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.440/DEL/2015 (ASSESSMENT YEAR 2004-05) M/S. NIPUN BUILDERS & DEVELOPERS (PVT.) LTD. 501, NIPUN TOWER, PLOT NO.15, COMMUNITY CENTRE, KARKARDOOMA, DELHI-110 092. PAN-AABCN 7240B VS. ASST. CIT, CIRCLE-13(1), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY SH. DHARENDER KUMAR, CA. RESPONDENT BY SH. JAGDISH SINGH, SR. DR DATE OF HEARING 29.12.2020 DATE OF PRONOUNCEMENT 29.12.2020 ORDER PER PRASHANT MAHARISHI, AM: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST OR DER DATED 20.11.2014 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-6, DELHI {CIT(A)} FOR ASSESSMENT YEAR 2004-05. 2 ITA N0.440 /DEL/2015 M/S NIPUN BUILDERS & DEVELOPERS (PVT.) LTD. V S. ACIT 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SUB MITS THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRE CT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. 3.0 CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGNED TO THE RECORDS AND TREATED AS DISMISSED. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAV EAT THAT 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 APPROAC H THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESA ID CAVEAT. 3 ITA N0.440 /DEL/2015 M/S NIPUN BUILDERS & DEVELOPERS (PVT.) LTD. V S. ACIT 5.0 IN VIEW OF THE AFORESAID, THE APPEAL IS CO NSIGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, IS TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 29 TH DECEMBER, 2020. SD/- SD/- (SUDHANSHU SRIVASTAVA) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 29/12/2020 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI