ITO, WARD- 2(2), NEW DELHI V. ALMAK FINANCE PVT. LTD., NEW DELHI

ITA 5215/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4814 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 11-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATPAL GULATI
• Section: 143(2)

Judgement Text

ITA NO.-5215/DEL/2017. ALMAK FINANCE PVT. LTD. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: A: NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE MS. P. MADHAVI DEVI, JUDICIAL MEM BER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 5215/DEL/2017 ( ASSESSMENT YEAR: 2013-14) ITO, WARD-2(2), NEW DELHI VS. M/S. ALMAK FINANCE PVT. LTD. K-132, SFS FLATS, 3 RD FLOOR, SARITA VIHAR, NEW DELHI-110044 APPELLANT RESPONDENT PAN NO: AAACP5431H REVENUE BY : SH. SATPAL GULATI, CIT(DR) ASSESSEE BY : SH. PARITOSH JAIN, ADV. PER P. MADHAVI DEVI, JM (A) THIS APPEAL BY REVENUE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, NEW DELHI, [LD. CIT(A), F OR SHORT], DATED 02.05.2017 FOR ASSESSMENT YEAR 2013-14. GROUNDS TAKEN IN THIS APP EAL OF REVENUE ARE AS UNDER: 1.THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN H OLDING THAT AT THE TIME OF ISSUE OF NOTICE U/S 143(2) BY ITO, WARD-2(2), JA IPUR, JURISDICTION OVER THE CASE OF THE ASSESSEE WAS WITH ITO, WARD-2(2), D ELHI AND THEREFORE NOTICE ISSUED BY ITO, WARD-2(2), JAIPUR WAS WITHOUT JURISDICTION AND THEREFORE INVALID, IGNORING THE FACT THAT THIS CASE WAS BEING ASSESSED BY ITO, WARD-2(2), JAIPUR TILL 16.02.2015 BEFORE BEING TRANSFERRED TO ITO, WARD-2(2), DELHI U/S 127 OF THE INCOME-TAX ACT, 196 1. ITA NO.-5215/DEL/2017. ALMAK FINANCE PVT. LTD. PAGE 2 OF 4 2. THE LD.CIT(A) HAS FAILED TO APPRECIATE THAT IN THIS CASE NOTICE U/S 143(2) WAS ISSUED BY ITO, WARD-2(2), JAIPUR ON 04.0 9.2014 WHEREAS ORDER U/S 127 TRANSFERRING JURISDICTION FROM ITO, W ARD-2(2), JAIPUR TO ITO, WARD-2(2), DELHI WAS PASSED ON 16.02.2015 AS S UCH AT THE TIME OF ISSUE OF NOTICE U/S 143(2), JURISDICTION OVER THE C ASE WAS WITH ITO, WARD-2(2), JAIPUR. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN DELETING ADDITION OF RS.3,90,39,000/- U/S 68 OF THE INCOME-TAX ACT, 1961 WITHOUT PROPERLY APPRECIATING THE FACTS B ROUGHT ON RECORD BY THE AO TO JUSTIFY THE ADDITION. 4. ON THE FACTS AND CIRCUMSTANCES, THE LD. CIT(A) HAS ERRED IN DELETING ADDITION OF RS.7,80,780/- U/S 68 OF THE IN COME-TAX ACT, 1961 ON ACCOUNT OF COMMISSION PAID FOR EARNING ACCOMMODA TION ENTRY WITHOUT PROPERLY APPRECIATING THE FACTS BROUGHT ON RECORD BY THE AO TO JUSTIFY THE ADDITION. 5. THE APPELLANT CRAVES LEAVE FOR RESERVING THE RIGHT TO AMEND, MODIFY, ALTER, ADD OR FOREGO ANY GROUND(S) OF APPEA L AT ANY TIME BEFORE OR DURING THE HEARING OF THIS APPEAL. (B) AT THE TIME OF HEARING, AT THE OUTSET, THE LD. COU NSEL THE ASSESSEE INFORMED US THAT THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020 (VSVS, FOR SHORT) FOR THE SETTLEMENT OF SUBJECT MATTER OF THE DISPUTES IN THI S APPEAL. HE DREW OUR ATTENTION TO EMAIL DATED FEBRUARY 9 TH , 2021 SENT FROM ASSESSEES SIDE IN INCOME TAX APPE LLATE TRIBUNAL (ITAT, FOR SHORT) GIVING INTIMATION OF THE SAME. AT THE TIME OF HEARING BEFORE US, THE LD. COUNSEL FOR ASSESSEE SUBMITTED BEFORE US THAT THIS APPEAL MAY BE DISMISSED ON ACCOUNT OF THE AFORESAID VSVS. THE LEARNED COMMISSIONER OF INC OME TAX (DEPARTMENTAL REPRESENTATIVE) [LD. CIT(DR), FOR SHORT] DID NOT EXPRESS ANY OBJECTION TO THIS. AFTER DUE CONSIDERATION, AND IN VIEW OF THE FOREGOING; WE ARE OF THE OPINION THAT THIS APPEAL HAS BECOME INFRUCTUOUS ON ACCOUNT OF AFORESAID VSVS, AN D THAT THIS APPEAL MAY BE TREATED AS ITA NO.-5215/DEL/2017. ALMAK FINANCE PVT. LTD. PAGE 3 OF 4 WITHDRAWN BY REVENUE ON ACCOUNT OF THE AFORESAID VS VS. ACCORDINGLY, THE APPEAL HAVING BECOME INFRUCTUOUS, IS TREATED AS WITHDRAWN AND, IS HEREBY DISMISSED. (B.1) BEFORE WE PART, WE HEREBY CLARIFY, BY WAY OF ABUNDA NT CAUTION, THAT IF FOR SOME REASON IT IS FOUND BY REVENUE THAT THE DISPUTE S UNDER THIS APPEAL BEFORE US ARE NOT FULLY SETTLED UNDER THE AFORESAID VSVS, THEN REVENUE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THIS AP PEAL, IN ACCORDANCE WITH LAW. (B.2) WITH THESE DIRECTIONS, THE AFORESAID APPEAL OF REV ENUE IS DISMISSED, BEING TREATED AS WITHDRAWN. (C) FOR STATISTICAL PURPOSES, THIS APPEAL IS DISMISSED. THIS ORDER WAS ALREADY PRONOUNCED ON 10 TH FEBRUARY, 2021 IN OPEN COURT, IN THE PRESENCE OF REPRESENTATIVES OF BOTH SIDES; AFTE R CONCLUSION OF THE HEARING. SD/- SD/- (ANADEE NATH MISSHRA) (P . MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10/02/2021 *BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5.DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.-5215/DEL/2017. ALMAK FINANCE PVT. LTD. PAGE 4 OF 4