Shri Niwas Leasing and Finance Ltd, New Delhi V. ITO, Ward-23(3), New Delhi

ITA 5411/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8751 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 17-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 ITA NO. 5411/DEL/2019 IN THE INCOME TAX APPELLAT E TRIBUNAL DELHI BENCH: SMC -1 NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBE R AND MS SUCHITRA KAMBLE, JUDIC IAL MEMBER ITA NO. 5411/DEL/2019 ( A.Y 2006-07) (THROUGH VIDEO CONFEREN CING) SHRI NIWAS LEASING AND FINANCE LTD. 47/18, RAJINDER PLACE METRO STATION, NEW DELHI AAACS2978Q (APPELLANT) VS ITO WARD-23(3) NEW DELHI (RESPONDENT) APPELLANT BY SH. PIYUSH KAUSHIK, ADV RESPONDENT BY SH. AJAY KUMAR, SR. DR ORDER PER SUCHITRA KAMBLE, JM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER DATED 01/04/2019 PASSED BY CIT(A)-8, NEW DELHI FOR ASSESS MENT YEAR 2006-07. 2. BEFORE US, THE ASSESSEE HAS MOVED AN APPLICATIO N DATED 02/01/2021 WHERE IN IT IS SUBMITTED THAT THE ASSES SEE IS INTERESTED TO RESOLVE THE PENDING ISSUE THROUGH DIR ECT TAX VIVAD SE VISHWASH SCHEME (VSV) ACT, 2020, AND HAS FILED DECLARATION DATE OF HEARING 11.01.2021 DATE OF PRONOUNCEMENT 11.01.2021 2 ITA NO. 5411/DEL/2019 FORM NO. 1 & 2 BUT THE AUTHORITIES HAVE NOT YET GRA NTED CERTIFICATE IN FORM NO. 3. 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDE RING THE SUBMISSIONS OF THE ASSESSEE, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISP UTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NO T ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSE E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER DIRECTIONS THE APPEAL O F THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. 5. ORDER IS PRONOUNCED IN THE OPEN COURT IN PRESENC E OF BOTH THE PARTIES ON 11 TH JANUARY, 2021. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11TH DAY OF JANUARY, 2021. SD/- SD/- (R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL M EMBER DATED: 11/01/2021 R. NAHEED 3 ITA NO. 5411/DEL/2019 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI