Kamal Talreja, New Delhi V. ITO WARD - 63(1), New Delhi

ITA 4531/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9072 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 17-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC-2 : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA.NO.4531/DEL./2019 ASSESSMENT YEAR 2010-2011 SHRI KAMAL TALREJA, 2337, TELIWARA, SADAR BAZAR, DELHI 110 006 PAN ACDPT5448C [ VS. THE INCOME TAX OFFICER, WARD 63(1), NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI RAVI PRATAP MALL, ADVOCATE. FOR REVENUE : SHRI R.K. GUPTA, SR. D.R DATE OF HEARING : 05.08.2020 DATE OF PRONOUNCEMENT : 05.08.2020 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-38, NEW DELHI, DATED 18.03.2019, FOR THE A.Y. 2010-2011. 2. IN THE PRESENT APPEAL, THE ASSESSEE CHALLENGED THE INITIATION OF RE-ASSESSMENT PROCEEDINGS UNDER SECTION 147 OF THE I.T. ACT, 1961 AND ADDITION OF RS.13,75,489/-. 2 ITA.NO.4531/DEL./2019 SHRI KAMAL TALREJA, DELHI. 3. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF BOTH THE PARTIES THROUGH VIDEO CONFERENCING. 4. THE ASSESSEE HAS PLACED ON RECORD LETTER DATED 05.08.2020 SUBMITTING THEREIN THAT ASSESSEE HAS FILED FORM NOS.1 AND 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME WITH RESPECT TO THE PRESENT APPEAL AND FORM NO.3 IS AWAITED. IT IS, THEREFORE, SUBMITTED THAT ONCE FORM NO.3 IS ISSUED, ASSESSEE WOULD BE WITHDRAW THE PRESENT APPEAL. 4.1. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE PRESENT APPEAL COULD BE DISPOSED OF IN TERMS OF THE ABOVE STATEMENT, TO WHICH, THE LD. D.R. HAS NO OBJECTION. 5. IN VIEW OF THE ABOVE FACTS AND SUBMISSION OF THE ASSESSEE, IT IS CLEAR THAT ASSESSEE AVAILED THE BENEFIT OF DIRECT TAX VIVAD SE VISHWAS SCHEME IN RESPECT OF THE PRESENT APPEAL AND FORM NO.3 IS LIKELY TO BE ISSUED FOR DISPOSAL OF THE APPEAL AS PER RULE. IN VIEW OF THE ABOVE, WE DISPOSE OF THE APPEAL OF THE ASSESSEE, SUBJECT TO ISSUE OF FORM NO.3 IN FAVOUR OF THE ASSESSEE. APPEAL OF THE ASSESSEE STANDS DISPOSED OF IN TERMS INDICATED ABOVE 3 ITA.NO.4531/DEL./2019 SHRI KAMAL TALREJA, DELHI. 6. IN THE RESULT, APPEAL OF THE ASSESSEE DISPOSED OF. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (O.P. KANT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 05 TH AUGUST, 2020 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC - 2 BE NCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.