Vijay Kumar, New Delhi V. DCIT, circle-62(1), New Delhi

ITA 4860/DEL/2019

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 2229 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 28-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJIV MAHAJAN
• Section: 6; 5(2); 143(2)

Judgement Text

1 ITA no. 4860/Del/2019 Vijay Kumar Vs. DCIT IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER ITA No. 4860/DEL/2019 [Assessment Year: 2015-16 Vijay Kumar, wZ-277, Inder Puri, New Delhi. PAN- AALPK4223G Vs DCIT, Circle-62(1), New Delhi. APPELLANT RESPONDENT Appellant by Sh. Manoj Kumar, CA Respondent by Sh. Sanjiv Mahajan, Sr. DR Date of hearing 02.03.2022 Date of pronouncement 02.03.2022 O R D E R PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of learned CIT(Appeals)-38, New Delhi dated 26.03.2019, pertaining to the assessment year 2015-16. 2. The assessee has raised following grounds of appeal: “1. That the Honorable CIT(A)-38 has erred in law and on facts in sustaining an addition of Rs. 16,21,500.00 made by the Ld AO on illegal and untenable grounds. Hence, the addition as such, may be, deleted. 2. That the Honorable CIT (A)-38 has erred in law and on facts in sustaining an addition of Rs. 16, 21,500.00 made by the Ld AO 2 ITA no. 4860/Del/2019 Vijay Kumar Vs. DCIT ignoring that the notice issued u/s 143(2) is issued without application of mind and lacks the jurisdictional condition. Hence, the assessment as such, may be, deleted. 3. That the Honorable CIT (A)-38 has erred in law and on facts in sustaining an addition of Rs. 16, 21,500.00 made by the Ld AO as the order passed by the Ld AO is time barred. Hence, the assessment as such, may be, deleted. 4. That the Honorable CIT(A)-38 has erred in law and on facts in sustaining the addition of Rs. 16,21,500.00 ignoring the facts the basis of addition is the statement and material from investigation wing which has not been provided during the course of hearing and nor cross examination provided. Hence, the addition, as such, may be deleted. 5. That the Ld CIT(A)-13 has erred in law and on facts in sustaining the addition of Long term capital gain of Rs. 16,21,500.00 under 68 on illegal and untenable grounds. Hence, the addition, as such, may be deleted. 6. That the Ld CIT(A)-13 has erred in law and on facts in sustaining the addition of Rs. 16,21,500.00 under 68 ignoring the facts that Sec 68 is not applicable in the case of sale of shares. Hence, the addition, as such, may be deleted. 7. That the appellant craves leave to add, substitute, modify or delete any grounds of appeal on or before the date of hearing and all the above grounds of appeal are without prejudice to each other.” 3. At the outset the learned counsel for the assessee submitted that in this case the assessee has opted for vivid Se Vishwas Scheme and therefore the assessee may be permitted to withdraw the appeal filed. He submitted that the assessee has also filed application dated 24.10.2020, requesting for withdrawal of appeal, along with copy of order for full and final settlement of tax arrears under section 5(2) read with section 6 of the Direct Tax Vivad Se Viswas Act, 2020 in Form no. 5. 3 ITA no. 4860/Del/2019 Vijay Kumar Vs. DCIT The Revenue has no objection to the request for withdrawal of appeal made on behalf of the assessee. Accordingly, the assessee is allowed to withdraw the appeal filed. 4. Assessee’s appeal is dismissed as withdrawn. Order pronounced in open court on 02.03.2022. Sd/- (KUL BHARAT) JUDICIAL MEMBER Dated: 02/03/2022. *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Draft dictated 02.03.2022 Draft placed before author 02.03.2022 Approved Draft comes to the Sr. PS/PS Order signed and pronounced on File comes to P.S. File sent to the Bench Clerk Date on which file goes to the AR Date on which file goes to the Head Clerk Date of dispatch of Order Date of uploading on the website 4 ITA no. 4860/Del/2019 Vijay Kumar Vs. DCIT