Biotech India Limited, New Delhi V. ITO ward-5(1), New Delhi

ITA 5156/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8466 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 04-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AND STATED THAT HAS OPTED T
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: SMC-2 NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.5156/DEL./2019 ASSESSMENT YEAR: 2013-14 M/S. BIOTECH INDIA LIMITED., F-0, MIRA CORPORATE SUITE, PLOT NO. 1 & 2, MAIN MATHURA ROAD, ISHWAR NAGAR, NEW DELHI VS. ITO, WARD-5(1), NEW DELHI PAN : AACCB4948B (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THE PRESENT APPEAL BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-33, N EW DELHI, DATED 28.02.2019 PASSED FOR ASSESSMENT YEAR 2013-14 . 2. THE LEARNED COUNSEL FOR THE ASSESSEE HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O TAX ARREARS FOR APPELLANT BY SHRI B.K. GARG, AR RESPONDENT BY SHRI S.S. NEGI, SR.DR DATE OF HEARING 13.01.2021 DATE OF PRONOUNCEMENT 13.01.2021 2 ITA NO.5156/DEL./2019 ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020 AND HAS APPLIED FORM NOS. 1 AN D 2 FOR THE SAME. THE FORM NO. 3 IS STILL AWAITED. 3. LEARNED DR DID NOT OBJECT TO THE SAME. 4. IN VIEW OF ABOVE, WE ACCEPT THE REQUEST OF THE ASS ESSEE FOR WITHDRAWAL OF THE APPEAL. HOWEVER, IF THE DISPUTE R ELATING TO TAX ARREARS IS NOT ULTIMATELY RESOLVED IN TERMS OF THE VIVAD SE VISHWAS SCHEME, 2020, THE ASSESSEE SHALL BE AT LIBE RTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF THE APP EAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMI SSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (BHAVNESH SAINI) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 13 TH JANUARY, 2021. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI