ITO, WARD- 3(3), NEW DELHI V. ASHOKA DISTELLERS AND CHEMICALS PVT. LTD., NEW DELHI

ITA 5541/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2277 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 30-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS ALKA GAUTAM
• Assessee Lawyers: RAHUL CHAURASIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI A BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI G.S.PANNU, PRESIDENT & SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO.5541/DEL/2017 ASSESSMENT YEAR : 2014-15 ITO, WARD-3(3), NEW DELHI. VS ASHOKA DISTELLERS & CHEMICALS PVT.LTD., 501, CHIRANJEEV TOWER, 41 NEHRU PLACE, NEW DELHI-110019. PAN-AAACA4962E APPELLANT RESPONDENT APPELLANT BY MRS. ALKA GAUTAM, SR.DR RESPONDENT BY SH. RAHUL CHAURASIA, CA DATE OF HEARING 14.10.2021 DATE OF PRONOUNCEMENT 14.10.2021 ORDER PER KUL BHARAT, JM : THIS APPEAL FILED BY THE REVENUE FOR THE ASSESSMEN T YEAR 2014-15 IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-1, NEW DEL HI DATED 07.06.2017. 2. THE ASSESSEE, VIDE ITS LETTER DATED 14.10.2021, RECEIVED THROUGH EMAIL, HAS REQUESTED FOR DISMISSAL OF THE APPEAL FI LED BY DEPARTMENT AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DI SPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FILED. 3. THE ASSESSEE COMPANY IS ALSO FILED FORM NO.4 ISSUED BY THE DEPARTMENT. HOWEVER, IT IS STATED THAT FORM NO.5 I S STILL AWAITED. 4. LD. SR. DR SUBMITTED THAT THE ASSESSEE HAS NOT F ILED FORM NO.5 THEREFORE, THE REVENUE MAY BE GIVEN LIBERTY TO APPR OACH THE TRIBUNAL IN THE ITA NO. 5541/DEL/2017 EVENT THE ASSESSEE FAIL TO OBTAIN FORM NO.5. IN VI EW OF THE SUBMISSIONS MADE BY THE ASSESSEE, FORM NOS. 3 & 4 ISSUED BY THE DEPARTMENT IS PLACED ON RECORD. WE, THEREFORE, ALLOW THE PRAYER OF THE ASSESSEE FOR DISMISSING THE APPEAL OF THE REVENUE SUBJECT TO THE CONDITION THAT ALL DUE TAXES ARE PAID AND FORM NO.5 IS OBTAINED FROM THE DEPARTMENT IN THE EVENT OF FAILURE ON THE PART OF THE ASSESSEE TO DO SO. THE REVENUE WOULD BE AT LIBERTY TO APPROACH THIS TRIBUNAL FOR RECALLING OF OUR ORDER. THUS, APPEAL OF THE REVENUE IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ABOVE DECISION WAS PRONOUNCED ON CONCLUSION OF VIRT UAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 14 TH OCTOBER, 2021. SD/- SD/- (G.S.PANNU) (KUL BHARAT) PRESIDENT JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI