Infrasoft Technologies Ltd., Mumbai V. ACIT, CIRCLE- 11(1), New Delhi

ITA 4601/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8637 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 14-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Section: 13

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1 NEW DLEHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.4601/DEL/2017 ASSESSMENT YEAR: 2011-12 INFRASOFT TECHNOLOGIES LTD., VS. ACIT, CIRCLE 11 (1), 904, 9 TH FLOR, ACKRUUTI STAR, NEW DELHI CENTRAL ROAD, MIDC, ANDHERI (EAST), MUMBAI. PAN : AAACB2817R ITA NO.4500/DEL/2017 ASSESSMENT YEAR: 2011-12 ACIT, CIRCLE 11(1), VS. INFRASOFT TECHNOLOGIES L TD., NEW DELHI. C/O MR. RAVINDER GUPTA, 20, VAKIL LANE, K.G. MARG, NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. ASHUTOSH M. RASTOGI, ADV. SH. DHRUV SETH, ADV. REVENUE BY : SH. SURENDER PAL, CIT/ DR DATE OF HEARING: 13/01/2021 DATE OF ORDER : 13/01/2021 ORDER PER K.N. CHARY, JM: THESE ARE CROSS APPEALS BY THE ASSESSEE AND REVEN UE FOR ASSESSMENT YEAR 2011- 12, AGAINST THE ORDER OF LEARNED COMMISSIONER OF IN COME-TAX (APPEALS)-19, NEW DELHI DATED 03.04.2017. 2 2. LEARNED COUNSEL FOR THE ASSESSEE, VIDE LETTER DA TED JANUARY 12, 2021, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY ASS ESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS UNDER THE VIVAD SE VISHWAS SCHEME, 2020 FOR THE ASSESSMENT YEAR UNDER CONSIDER ATION. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHW AS ACT, 2020 HAS ALSO BEEN FILED. 3. LEARNED CIT/DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF T HE ASSESSEE FOR WITHDRAWAL OF ITS APPEAL. 5. SO FAR AS THE APPEAL OF REVENUE IS CONCERNED, AS SUBMITTED BY LD. DR, THE STANDING INSTRUCTIONS ARE THAT IT IS ONLY IF THE AS SESSEE MAKES PAYMENT SUBSEQUENT TO THE PROCESSING OF THE CASE UNDER VIVAD SE VISHWAS TAK SC HEME,2020, THE REVENUE WILL SEEK WITHDRAWAL OF THE CASE. IN VIEW OF THIS, WE MAKE IT CLEAR THAT IN CASE ANY OBJECTION ARISES IN ASSESSEE MAKING ANY PAYMENT SUBSEQUENT THERETO, T HE REVENUE SHALL BE AT LIBERTY TO APPROACH THE COURT. 6. IN VIEW OF THE AFORESAID, BOTH THE APPEALS OF AS SESSEE AND REVENUE ARE CONSIGNED TO RECORD AND TREATED AS DISMISSED. ORDER WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEAR ING IN THE PRESENCE OF BOTH THE PARTIES ON 13 TH JANUARY, 2021. SD/- SD/- (ANIL CHATURVEDI) (K. NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13/01/2021 AKS