ITO WARD - 13(3) , New Delhi V. Jhankar Banquets Pvt. Ltd., Delhi

ITA 5528/DEL/2019

AI Insights

The case involves the Income Tax Officer (ITO), Ward 13 (3), as the appellant, and Jhankar Banquets Pvt. Ltd., as the respondent. The dispute pertained to the assessment year 2010-11. The assessee opted to settle the tax arrears dispute under the 'Vivad Se Vishwas Scheme, 2020' and filed Form 5 with the Tax Department. Consequently, the assessee's representative requested the withdrawal of the appeal. Both parties agreed to the dismissal of the appeal with a caveat that it could be restored if the settlement under the scheme was not successful.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113897 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 19-02-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 23-06-2019
• Laws Referred To: Vivad Se Vishwas Scheme, 2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘F’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.5528/Del./2019 (ASSESSMENT YEAR : 2010-11) ITO, Ward 13 (3), vs. Jhankar Banquets Pvt. Ltd.,, New Delhi. G – 87, Preet Vihar, New Delhi – 110 092. (PAN : AABCJ1582G) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Hemant Sharma, CA REVENUE BY : Ms. Sapna Bhatia, CIT DR Date of Hearing : 20.02.2023 Date of Order : 20.02.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of ld. CIT (Appeals)-5, New Delhi dated 29.03.2019 pertaining to the Assessment Year 2010-11. 2. Ld. AR for the assessee submitted that an application has been filed seeking withdrawal of the appeal on the ground that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020” and has filed Form 5 issued by the Tax Department. ITA No.5528/Del./2019 2 3. Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored in case dispute is not settled as per scheme. Both the parties have no objection with regard to the aforesaid caveat. Consequently, the appeal filed by the Revenue is dismissed. Order pronounced in the open court on this 20 th day of February, 2023 after the conclusion of the hearing. Sd/- sd/- (ANUBHAV SHARMA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 20 th day of February, 2023 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT(A)-5, New Delhi. 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.