DCIT (Exemption), New Delhi V. M/s. Shri Ram Scientific & Industrial Research Foundation, New Delhi

ITA 4888/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8610 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 12-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARUL SINGH
• Assessee Lawyers: R K KAPOOR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI A.N.MISSHRA, ACCOUNTANT MEMBER ITA NO.4888/DEL/2016 (ASSESSMENT YEAR 2012-13) DY. CIT (EXEMPTIONS), CIRCLE-2(1), NEW DELHI. VS. M/S SHRI RAM SCIENTIFIC & INDUSTRIAL RESEARCH FOUNDATION, DIAMOND PRESS BUILDING, 8-E, RANI JHANSI ROAD, JHANDEWALAN EXTEN. NEW DELHI-110 055. PAN AAATS 0867K (APPELLANT) (RESPONDENT) APPELLANT BY MS. PARUL SINGH, SR. DR RESPONDENT BY SH. R.K. KAPOOR, CA DATE OF HEARING 12.01.2021 DATE OF PRONOUNCEMENT 12.01.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST ORDER DATED 10.06.2016 PASSED BY THE LEARNED COMMISSIONER OF IN COME TAX (EXEMPTIONS)-40, NEW DELHI {CIT(E)} FOR ASSESSMENT Y EAR 2012-13. 2 ITA NO.4888/DEL/2016 DCIT VS. SHRI RAM SCIENTIFIC RESEARCH FOUNDATION DIAMOND P RESS BUILDING 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SUB MITS THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRE CT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. T HE LD. AR HAS PRAYED FOR WITHDRAWAL OF THE APPEAL. 3.0 CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGNED TO THE RECORDS AND TREATED AS DISMISSED. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAV EAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE INSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICA TION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 3 ITA NO.4888/DEL/2016 DCIT VS. SHRI RAM SCIENTIFIC RESEARCH FOUNDATION DIAMOND P RESS BUILDING 5.0 IN VIEW OF THE AFORESAID, THE APPEAL IS CONS IGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, IS TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF V IRTUAL HEARING ON 12 TH JANUARY, 2021. SD/- SD/- (A.N.MISSHRA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12/01/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI