ITO, Ward-8(3), New Delhi V. Espire Enterprises and Exim P. Ltd, New Delhi

ITA 5217/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9519 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 02-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH B : NEW DELHI) BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA NO.5217/DEL./2018 (ASSESSMENT YEAR : 2009-10) ITO, WARD 8 (3), VS. M/S. ESPIRE ENTERPRISES AND E XIM NEW DELHI. PVT. LTD., (FORMERLY KNOWN AS MAXIUM EXIM PVT. LTD.,) A 43, ALLAHABAD BANK STAFF, CGHS CHILLA REGULATOR, MAYUR VIHAR PHASE-III, NEW DELHI 110 096. (PAN : AAFCM5483M) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI DIVYANSH JAIN, AR REVENUE BY : MS. NIDHI SRIVASTAVA, CIT DR DATE OF HEARING : 26.07.2021 DATE OF ORDER : 26.07.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, ITO, WARD 8 (3), NEW DELHI (HEREINAFTER REFERRED TO AS THE REVENUE), BY FILING THE PRESENT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 23.05.2018 PASSED BY LD. COMMISSIONER OF INCOME-TAX (APPEALS)-3, NEW DELHI Q UA THE ASSESSMENT YEAR 2009-10. ITA NO.5217/DEL./2018 2 2. LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATIO N STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATI NG TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020 AND HAS FILED NECES SARY FORMS 1 & 2 WITH THE TAX DEPARTMENT, WHICH WAS ACCEPTED A ND PROCESSED VIDE FORM 3 ISSUED BY THE TAX DEPARTMENT. A COPY O F FORM 3 IS ALSO PLACED ON RECORD. 3. KEEPING IN VIEW THE AFORESAID FACTS, PRESENT APP EAL IS HEREBY DISMISSED WITH LIBERTY TO GET IT RESTORED BY THE AS SESSEE IN CASE DISPUTE IS NOT SETTLED AS PER SCHEME. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. CONSEQUENTLY, THE PRESENT APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 26 TH DAY OF JULY , 2021 AFTER THE CONCLUSION OF THE VIRTUAL HEARING. SD/- SD/- (ANIL CHATURVEDI) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 26 TH DAY OF JULY, 2021 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-3, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.