ITO, New Delhi V. M/s. Balaji Finstock Pvt. Ltd., New Delhi

ITA 5281/DEL/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5936 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 07-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES A: DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA.NO.5281/DEL./2016 ASSESSMENT YEAR 2012-13 ITO WARD 4(2), ROOM NO. 380, C.R. BLDG., NEW DELHI. VS. BALAJI FINSTOCK PVT. LTD. 769/777, D.B. GUPTA ROAD, KAROL BAGH, NEW DELHI. PAN NO. AAACB5607K (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI VIRENDRA SINGH, SR. DR FOR ASSESSEE : NONE DATE OF HEARING : 15 . 09 .202 1 DATE OF PRONOUNCEMENT : 16.09.2021 HEARING CONDUCTED VIA W EBEX ORDER PER DIVA SINGH, J.M . THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE WHEREIN THE CORRECTNESS OF THE ORDER DATED 22.06.20 16 PASSED BY THE LD. CIT(APPEALS)-2, NEW DELHI PERTAIN ING TO 2012-13 ASSESSMENT YEAR IS ASSAILED. 2. NONE APPEARED ON BEHALF OF ASSESSEE AT THE TIME OF VIRTUAL HEARING. THE ASSESSEE HAS FILED AN APPLICATION DATED 08.09.2 021, ITA.NO.5281/DEL./2016 ITO VS. BALAJI FINSTOCK PVT. LTD. PAGE 2 OF 4 BEFORE THE REGISTRY WHICH HAS BEEN PLACED BEFORE US . THE ASSESSEE PRAYS FOR A WITHDRAWAL OF THE APPEAL FILED BY THE REVENUE STATING AS UNDER: RESPECTED SIR, THIS IS WITH REFERENCE TO YOUR NOTICE DATED 06.08.2 021 FIXING THE DATE OF HEARING ON 15.09.2021 OF THE ABOVE REFE RRED APPEAL WHICH IS FILED BY THE ITO, WARD 4(2), NEW DE LHI AGAINST THE ORDER OF CIT(A)-II, DELHI FOR AY 2012-1 3 WHO ALLOWED THE APPEAL OF THE ASSESSEE COMPANY FILED AG AINST THE ORDER OF LD. AO PASSED U/S 143(3) OF THE I.T. A CT, 1961. IN THIS APPEAL FILED BY THE INCOME TAX DEPARTMENT, THE APPELLANT COMPANY OPTED TO SETTLE THE DISPUTE FOR T HE ASSESSMENT UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. AS PER THE SECTION 4(2) OF T HE DIRECT TAX VIVAD SE VISHWAS ACT 2020, UPON FILING THE DECL ARATION, ANY APPEAL PENDING BEFORE THE INCOME TAX APPELLATE TRIBUNAL OR COMMISSIONER (APPEALS), IN RESPECT OF T HE DISPUTED INCOME OR DISPUTED INTEREST OR DISPUTED PE NALTY OR DISPUTED FEE AND TAX ARREARS SHALL BE DEEMED TO HAV E BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SUB- SECTION (1) OF SECTION 5 IS ISSUED BY THE DESIGNATE D AUTHORITY. THE DECLARATION FILED BY THE ASSESSEE COMPANY FOR A BOVE REFERRED APPEAL HAS BEEN ACCEPTED BY THE DEPARTMENT BY ISSUING CERTIFICATE UNDER SUB-SECTION (1) OF SECTIO N 5 IN FORM NO. 3, THE COPY OF WHICH IS ENCLOSED HEREWITH FOR Y OUR KIND PURPOSE. IT IS, THEREFORE, PRAYED THAT THE ABOVE REFERRED AP PEAL BE TREATED AS WITHDRAWN AND PASS THE NECESSARY ORDER ACCORDINGLY. THANKING YOU, YOURS FAITHFULLY, FOR BALAJI FINSTOCK PVT. LTD. SD/- (SURENDRA KUMAR SINGH) DIRECTOR APPELLANT DATED: 08/09/2021 ITA.NO.5281/DEL./2016 ITO VS. BALAJI FINSTOCK PVT. LTD. PAGE 3 OF 4 3. LEARNED SENIOR DR CONSIDERING THE SAME HAD NO OB JECTION TO THE WITHDRAWAL OF THE APPEAL. 4. CONSIDERING THE SUBMISSIONS IN THE LIGHT OF THE FACTS ON RECORD THE APPEAL OF THE REVENUE IS DISMISSED AS WI THDRAWN. 5. HOWEVER, BEFORE PARTING BY WAY OF ABUNDANT CAUTI ON, WE DEEM IT APPROPRIATE TO OBSERVE THAT IN CASE IT IS F OUND BY THE ASSESSING OFFICER/DEPARTMENT THAT THE DISPUTE UNDER THE APPEAL IS NOT FULLY SETTLED UNDER THE VIVAD SE VISHWAS SCH EME THEN THE REVENUE WILL BE AT LIBERTY TO APPROACH THE ITAT WIT H A PRAYER FOR RESTORATION OF THIS APPEAL IN ACCORDANCE WITH LAW. 6. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF T HE ASSESSEE FOR DISMISSAL OF THE REVENUES APPEAL. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED HAVING BECOME INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH SEPTEMBER, 2021 SD/- SD/- (O.P. KANT) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI. *KAVITA ARORA, SPS ITA.NO.5281/DEL./2016 ITO VS. BALAJI FINSTOCK PVT. LTD. PAGE 4 OF 4 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC - 2 BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR, ITAT DELHI BENCH ES: DELHI.