Jagat Polymers P.Ltd, New Delhi V. ITO, Ward-13(1), New Delhi

ITA 4622/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2380 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 21-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED

Judgement Text

1 ITA NOS. 4622 & 4623/DEL/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-2 NEW DELHI BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDI CIAL MEMBER I.T.A. NO. 4622 /DEL/2 019 (A.Y 2009-10) & I.T.A. NO. 4623/DEL/20 19 (A.Y 2010-11) (THROUGH VIDEO CON FERENCING) JAGAT PLOYMERS PVT. LTD. 45, RAJ NAGAR ENCLAVE, PITAMPURA, NEW DELHI AABCJ4097L (APPELLANT) VS ITO WARD-13(1)ROOM NO. 321, 3 RD FLOOR, C. R. BUILDING NEW DELHI (RESPONDENT) ORDER PER SUCHITRA KAMBLE, JM THESE TWO APPEALS ARE FILED BY THE ASSESSEE AGAINS T THE ORDER DATED 29/03/2019 PASSED BY THE CIT(A)-36, NEW DELHI FOR ASSESSMENT YEAR 2009-10 & 2010-11 RESPECTIVELY. 2. BEFORE US, THE LD. AR SUBMITTED THAT THE ASSESS EE HAS MOVED AN APPLICATION TO RESOLVE THE PENDING ISSUE THROUGH DI RECT TAX VIVAD SE VISHWASH SCHEME (VSV) ACT, 2020, AND HAS FILED DECLARATION FORM NO. 1 & 2 AND AWAITED FOR FORM NO. 3. APPELLANT BY SH. K. PRASANNA, ADV RESPONDENT BY SH. FARHAT KHA, ADDL. CIT (DR) DATE OF HEARING 24.02.2021 DATE OF PRONOUNCEMENT 24.02.2021 2 ITA NOS. 4622 & 4623/DEL/2019 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDE RING THE SUBMISSIONS OF THE ASSESSEE, WE DISMISS THE APPEALS OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARR EARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUN AL FOR REINSTITUTION OF BOTH THE APPEALS AND THE TRIBUNAL SHALL CONSIDER THE SAM E. THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4. IN RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT IN PRESENCE OF B OTH THE PARTIES ON THIS 24 TH DAY OF FEBRUARY, 2021. SD/- SD/- (N. K. BILLAIYA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: 24/02/2021 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NOS. 4622 & 4623/DEL/2019