DCIT, Circle-1, LTU, New Delhi V. Caparo Engineering India Pvt. Ltd., New Delhi

ITA 4631/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6833 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 21-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘B’ : NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER and DR. B.R.R. KUMAR, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCE) ITA No.4631/Del./2019 (ASSESSMENT YEAR : 2007-08) DCIT, Circle 1, LTU, vs. Caparo Engineering India Pvt. Ltd., New Delhi. 101–104, 1 st Floor, Naurang House, 21, K.G. Marg, New Delhi – 110 001. (PAN : AABCC7862N) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Shri Avikal Manu, Senior DR Date of Hearing : 16.03.2022 Date of Order : 16.03.2022 O R D E R PER AMIT SHUKLA, JM : Aforesaid appeal has been filed by the Revenue against the impugned order dated 28.02.2019 passed by the ld. CIT(A)-22, New Delhi in relation to the penalty proceedings under section 271(1)(c) of the Income-tax Act, 1961 (for short ‘the Act’) for the Assessment Year 2007-08. 2. Ld. Counsel for the assessee filed an application dated 10 th March, 2022 stating that the assessee has opted to settle the dispute 2 ITA No.4631/Del/2019 under consideration under the “Vivad Se Vishwas Scheme, 2020” and the same had already been settled under the aforesaid Scheme. He has attached Form 5-cum-certificate received from the Department along with the application dated 16.03.2022. 3. Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored by the assessee in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, the present appeal is dismissed. Order was pronounced on 16 th day of March, 2022. Sd/- sd/- (DR. B.R.R. KUMAR) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 16.03.2022 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT(A)-22, New Delhi. 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.