DCIT, New Delhi V. M/s. Max Ateev Ltd., New Delhi

ITA 4886/DEL/2014

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9884 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 29-06-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 05-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANISHA SHARMA
• Assessee Lawyers: GAURAV DUDEJA SENIOR
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH C CC C : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU, ,, , VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI K.N. CHAR K.N. CHAR K.N. CHAR K.N. CHARY YY Y , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO S SS S . .. . 4250 & 4886 4250 & 4886 4250 & 4886 4250 & 4886 /DEL/20 /DEL/20 /DEL/20 /DEL/20 1 11 1 4 44 4 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR S SS S : : : : 2003 2003 2003 2003 - -- - 04 & 2004 04 & 2004 04 & 2004 04 & 2004 - -- - 05 0505 05 DCIT, DCIT, DCIT, DCIT, CIRCLE CIRCLE CIRCLE CIRCLE- -- -6(1), ROOM NO.318, 6(1), ROOM NO.318, 6(1), ROOM NO.318, 6(1), ROOM NO.318, C.R. BUILDING, I.P. ESTATE, C.R. BUILDING, I.P. ESTATE, C.R. BUILDING, I.P. ESTATE, C.R. BUILDING, I.P. ESTATE, NEW DELHI NEW DELHI NEW DELHI NEW DELHI VS. VS. VS. VS. M/S MAX ATEEV LTD. M/S MAX ATEEV LTD. M/S MAX ATEEV LTD. M/S MAX ATEEV LTD. MAX HOUSE (3 MAX HOUSE (3 MAX HOUSE (3 MAX HOUSE (3 RD RDRD RD FLOOR), FLOOR), FLOOR), FLOOR), 1, DR. JHA MARG, OKHLA, 1, DR. JHA MARG, OKHLA, 1, DR. JHA MARG, OKHLA, 1, DR. JHA MARG, OKHLA, NEW DELHI NEW DELHI NEW DELHI NEW DELHI- -- -110024 110024 110024 110024 PAN PAN PAN PAN- -- -AADCM1048G AADCM1048G AADCM1048G AADCM1048G (APPELLANT) (RESPONDENT) APPELLANT BY : MS. MANISHA SHARMA, ADV. RESPONDENT BY : SHRI GAURAV DUDEJA , SENIOR DR. DATE OF HEARING : 29 2929 29.1 .1.1 .12 22 2.2020 .2020 .2020 .2020 DATE OF PRONOUNCEMENT : 29 2929 29.12 .12.12 .12. .. .2020 2020 2020 2020 ORDER ORDER ORDER ORDER PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU, , , , VP VPVP VP : :: : THESE APPEALS BY THE REVENUE FOR THE ASSESSMENT YE ARS 2003-04 AND 2004-05 IS DIRECTED AGAINST THE ORDER OF LEARNE D CIT(A)-IX, NEW DELHI DATED 22.05.2014 AND 02.06.2014 RESPECTIVELY. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE LETTE R DATED 24.12.2020 HAS STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSM ENT YEARS UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT). THE ASSESSEE REQUESTED THAT THE DEPARTMENTAL APPEAL S WHICH ARE BEING SETTLED UNDER THE ABOVE SAID ACT BE TREATED A S WITHDRAWN SUBJECT TO NO OBJECTION BY THE DEPARTMENT. ITA-4250 & 4886/DEL/2014 2 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEALS ARE CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, IT IS SUBMITTED BY THE RESPONDENT THAT THE AFORESAID MAY BE SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT UL TIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE PARTIES SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND TH E TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE DEPARTMENT HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEA T, AND ACCORDINGLY WE HOLD SO. 5. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DI SMISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOT H THE SIDES ON CONCLUSION OF VIRTUAL HEARING ON 29 TH DECEMBER, 2020. SD/- SD/- ( (( ( K.N. CHAR K.N. CHAR K.N. CHAR K.N. CHAR Y YY Y ) )) ) (G.S. PANNU (G.S. PANNU (G.S. PANNU (G.S. PANNU ) )) ) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT F{X~{T COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR