ACIT, CIRCLE- 11(2), NEW DELHI V. HYPER QUALITY INDIA PVT. LTD., GURGAON

ITA 4521/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4180 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 07-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DHEERAJ JAIN
• Assessee Lawyers: VAIBHAV AGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1 NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.4521/DEL/2017 ASSESSMENT YEAR: 2011-2012 ACIT, CIRCLE-11(2), NEW DELHI. VS. HYPER QUALITY INDIA PVT. LTD., 34, UDYOG VIHAR, PHASE-IV, GURGAON, HARYANA. TAN/PAN: AABCH7962E (APPELLANT) (RESPONDENT) I.T.A. NO.4701/DEL/2017 ASSESSMENT YEAR: 2011-2012 HYPER QUALITY INDIA PVT. LTD., 34, UDYOG VIHAR, PHASE-IV, GURGAON, HARYANA. VS. ACIT, CIRCLE-11(2), NEW DELHI. TAN/PAN: AABCH7962E (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI DHEERAJ JAIN, SR.D.R. RESPONDENT BY: SHRI VAIBHAV AGARWAL, A.R. DATE OF HEARING: 10 02 2021 DATE OF PRONOUNCEMENT: 10 02 2021 O R D E R PER AMIT SHUKLA, JM THE CROSS APPEALS BY THE REVENUE AS WELL AS BY THE ASSESSEE ARE DIRECTED AGAINST ORDER DATED 07.04.201 7 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-XIX , NEW DELHI, PERTAINING TO ASSESSMENT YEAR 2011-12. I.T.AS. NO.4521 & 4701/DEL/2017 2 2. THE LEARNED COUNSEL FOR THE ASSESSEE, AT THE OU TSET, STATED THAT THE ASSESSEE HAS SETTLED THE MATTER UND ER THE VIVAD SE VISHWAS SCHEME, 2020. HE, THEREFORE, SEE KS PERMISSION TO TREAT THE APPEAL AS DEEMED TO BE WITH DRAWN UNDER THE PROVISIONS OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE ASSESSEE HAS ALSO FILED A COPY OF FORM NO . 3 ISSUED BY THE RESPECTIVE PRINCIPAL COMMISSIONER OF INCOME TAX, WHICH IS PLACED ON FILE. 3. WE HAVE HEARD LEARNED REPRESENTATIVE OF BOTH TH E PARTIES THROUGH VIDEO CONFERENCING AND HAVE PERUSED FORM NO. 3 ISSUED BY INCOME-TAX DEPARTMENT WITH REFERENC E TO PRESENT APPEAL. FOR READY REFERENCE, SECTION 4(2) O F THE DIRECT TAX VIVAD SE VISHWAS ACT (SUPRA) READS AS UNDER: 4. (1) , (2) UPON THE FILING THE DECLARATION, ANY APPEAL PEN DING BEFORE THE INCOME-TAX APPELLATE TRIBUNAL OR COMMISSIONER ( APPEALS), IN RESPECT OF THE DISPUTED INCOME OR DISPUTED INTEREST OR DISPUTED PENALTY OR DISPUTED FEE AND TAX ARREAR SHALL BE DEE MED TO HAVE BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE U NDER SUB- SECTION (1) OF SECTION 5 IS ISSUED BY THE DESIGNATE D AUTHORITY. 4. IN VIEW OF THE ABOVE, AS THE FORM NO. 3 HAS BEE N ISSUED IN THE CASE OF THE ASSESSEE, THE APPEAL OF THE REVE NUE IS DEEMED TO BE WITHDRAWN. HENCE, THE APPEAL IS DISMIS SED AS WITHDRAWN. 5. APROPOS THE APPEAL OF THE ASSESSEE, SINCE THE AP PEAL OF THE REVENUE IS DISMISSED UNDER THE PROVISION OF DIR ECT TAX VIVAD SE VISHWAS ACT, 2020, THE PURPOSE OF CROSS AP PEAL OF I.T.AS. NO.4521 & 4701/DEL/2017 3 THE ASSESSEE HAS BECOME INFRUCTUOUS, ACCORDINGLY TH E SAME IS DISMISSED AS SUCH. 6. IN THE RESULT, THE APPEALS BY THE REVENUE AS WEL L AS BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH FEBRUARY, 2021 SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] [ACCOUNTANT MEMBER] JUDICIAL MEMBER DATED: 10/02/2021 PKK: