Footprints Childcare P.Ltd, New Delhi V. ACIT, Circle-9(2), New Delhi

ITA 4579/DEL/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9751 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 20-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAURAV DUDEJA
• Assessee Lawyers: PRABHAT KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI C BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI K.N.CHARY, JUDICIAL MEMBER ITA NO.4579/DEL/2019 ASSESSMENT YEAR : 2015-16 FOOTPRINTS CHILDCARE P.LTD., A-89, 2 ND FLOOR, LAJPAT NAGAR-2, NEW DELHI-110024 PAN-AACCF2626G VS ACIT, CIRCLE-9(2), NEW DELHI. APPELLANT RESPONDENT APPELLANT BY SH.PRABHAT KUMAR, CA RESPONDENT BY SH. GAURAV DUDEJA, SR.DR DATE OF HEARING 30 .12.2020 DATE OF PRONOUNCEMENT 30 .12.2020 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2 015-16 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-3, NEW DELHI DATED 04.04.2019. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE ITS LETTER D ATED 28.12.2020, RECEIVED THROUGH EMAIL, HAS REQUESTED FOR WITHDR AWAL OF THE APPEAL FILED BY HIM AND STATED THAT THE ASSESSEE HAS OPT ED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEA L IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. ITA NO.-4579/DEL/2019 2 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESS MENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATIO N APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE ) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNED TO REC ORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HE ARING IN THE PRESENT OF BOTH PARTIES ON 30 TH DECEMBER, 2020. SD/- SD/- (K.N.CHARY) (G.S. PANNU ) JUDICIAL MEMBER VICE PRESID ENT * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI