COUNTRYWIDE PROMOTERS PVT. LTD., NEW DELHI V. ACIT, CENTRAL CIRCLE- 32, NEW DELHI

ITA 5260/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5651 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 14-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR MANINDER KAUR
• Assessee Lawyers: AJAY BHAGWANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. SANJAY GARG, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NOS. 5260 & 5261/DEL/2017 (ASSESSMENT YEARS : 2013-14 & 2014-15) COUNTRYWIDE PROMOTERS PVT. LTD. M-11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI-110001 PAN : AAACC 5280 H VS. ACIT CENTRAL CIRCLE 32 NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI AJAY BHAGWANI, FCA REVENUE BY DR. MANINDER KAUR, SR. D.R. DATE OF HEARING: 20 .0 9 .2021 DATE OF PRONOUNCEMENT: 20 .0 9 .2021 ORDER PER ANIL CHATURVEDI, JM: THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 05.05.2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS)-30, NEW DELHI RELATING TO ASSESSMENT YEARS 2013-14 & 2014-15. 2. BEFORE US, WITH RESPECT TO ITS APPEAL FOR A.Y. 2014-15, LEARNED AR SUBMITTED THAT ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS (VSV) 2020 AND HAS FILED THE DECLARATION (FORM-1) AND 2 UNDERTAKING (FORM-2) SCHEME AND DEPARTMENT HAD ISSUED FORM- 3. THE ASSESSEE, THEREFORE, SEEKS TO WITHDRAW THE APPEALS. WITH RESPECT TO APPEAL FOR A.Y. 2013-14, IT IS SUBMITTED THAT ASSESSEE HAS RECEIVED THE APPEAL EFFECT ORDER DATED 16.09.2021 U/S 250/143(3) OF THE ACT WHEREBY THE WHOLE ADDITION IS DELETED PURSUANT THE ORDER OF CIT(A) AND THEREFORE ASSESSEE IS NO LONGER AGGRIEVED. THE ASSESSEE THEREFORE SEEKS WITHDRAWAL OF THE APPEAL. 3. AFTER CONSIDERING THE REQUEST MADE BY THE ASSESSEE, WE DISMISS THE APPEALS OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE ASSESSMENT YEAR 2014-15 IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. WITH THESE DIRECTIONS THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20.09.2021, IMMEDIATELY AFTER CONCLUSION OF THE HEARING OF THE MATTER IN VIRTUAL MODE. SD/- SD/- (SANJAY GARG) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE:- 20.09.2021 PY* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI