Tarush Steel and Alloys Private Limited, Delhi V. ITO ward 25(1), New Delhi

ITA 4480/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5928 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 16-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 201

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC - 2 : NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO. 4480 / DEL /201 9 ASSESSMENT YEAR : 20 1 0 - 11 TARUSH STEEL AND ALLOYS PRIVATE LTD., H - 369, VIKAS PURI, WEST DELHI, DELHI. PAN : AAACT5350P VS ITO, WARD - 25 (1), NEW DELHI. (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : SHRI NEERAJ MANGLA, CA RE VENUE BY : NONE DATE OF HEARING : 02 .0 2 . 20 2 1 DATE OF PRONOUNCEMENT : 02 . 0 2 . 20 2 1 ORDER PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 19 TH MARCH, 201 9 OF THE CIT(A) - 2 7 , NEW DELHI, RELATING TO THE ASSESSMENT YEAR 201 0 - 11 . 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE TIME OF HEARING, S OUGHT WITHDRAWAL OF THE APPEAL FIL ED BY THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. HOWEVER, F ORM NO.3 IS YET TO BE OBTAINED . HE ACCORDINGLY SUBMITTE D THAT THIS APPEAL MAY BE ALLOWED TO BE WITHDRAWN. ITA NO. 4480 / DEL /201 9 2 3. IN ABSENCE OF ANY OBJECTION FROM THE SIDE OF THE LD. DR, THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL IS ALLOWED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUT E RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID SCHEME , THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICAT ION APPROPRIATELY AS PER LAW. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. THE ORDER W AS PRO NOUNCED IN THE OPE N COURT ON CONCLUSION OF THE HEARING ITSELF, I.E., ON 02 ND FEBRUARY, 2021. . SD/ - ( R. K. PANDA ) ACCOUNTANT MEMBER DATED: 02 ND FEBRUARY, 2021. DK ITA NO. 4480 / DEL /201 9 3 COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI