DCIT, Najibabad V. M/s. Dhara Motor Finance Ltd., Bijnor

ITA 5122/DEL/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2843 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 10 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 12-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA
• Section: 201; 13

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : C : NEW DELHI (THROUGH VIRTUAL HEARING) BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 5122 / DEL /201 5 ASSESSMENT YEAR : 20 1 1 - 12 DCIT, CIRCLE - NAJIBABAD, WA HID NAGAR STATION ROAD, NAJIBABAD. VS DHARA MOTOR FINANCE LTD., CIVIL LINES - 2, AMROHAT, BIJNOR. PAN: AABCD8486H (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : SHRI V. RAJA KUMAR, ADVOCATE RE VENUE BY : MS ANIMA, SR. DR DATE OF HEARI NG : 15 .0 6 . 20 2 1 DATE OF PRONOUNCEMENT : 15 . 0 6 . 20 2 1 ORDER PER R. K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 14.05. 201 5 OF THE P CIT (OSD)/ (A) , MORADABAD, RELATING TO THE ASSESSMENT YEAR 201 2 - 13 . 2. THE LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATION SEEKING WITHDRAWAL OF THE APPEAL BY THE REVENUE ON THE GROUND THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER ITA NO. 5122 / DEL /201 5 2 THE VIVAD SE VISHWAS SCHEME, 2020. THE ASSESSE E HAS ALSO OBTAINED FORM NO.3 AND HAS PAID THE DISPUTED TAX. THE ASSESSEE ALSO FILED THE CHALLAN E VIDENCING PAYMENT OF TAX FOR RS.43,82,941/ - . IT IS ACCORDINGLY REQUESTED IN THE APPLICATION THAT THE REVENUE MAY B E DIRECTED TO WITHDRAW ITS APPEAL . 3. WE HAVE HEARD BOTH THE PARTIES. THE ASSESSEE IN THE INSTANT CASE HAS OPTED FOR SETTLEMENT OF THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS SCHEME SCHEME, 2020. IT HAS ALREADY PAID THE DISPUTED TAXES AFTER OBTAINING FO RM 3. COPY OF CHALLAN IS PLACED ON RECORD. UNDER THESE CIRCUMSTANCES THE APPEAL FILED BY THE REVENUE IS TREATED AS WITHDRAWN. HOWEVER, IN FUTURE IF THE REVENUE FINDS ANY INFIRMITY, IT IS AT LIBERTY TO MOVE APPLICATION FOR RESTORATION OF THE APPEAL AND T HE TRIBUNAL SHALL CONSIDER THE SAME AS PER LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS WITHDRAWN. THE ORDER WAS PRO NOUNCED IN THE OPEN COURT ON CONCLUSION OF THE HEARING ITSELF, I.E., ON 1 7 TH JUNE, 2021. SD/ - SD/ - (SUDHANSHU SRIVASTAVA) ( R. K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15 TH JUNE, 2021. DK ITA NO. 5122 / DEL /201 5 3 COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST T. REGISTRAR, ITAT, NEW DELHI