Mukesh Kumar (HUF), Rampur V. ITO WARD - 1(2), Rampur

ITA 5560/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7650 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 26-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SARAS KUMAR
• Section: 13; 20

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY A: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, HONBLE VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.5560/DEL/2019 ASSTT. YEAR 2015- 16 MUKESH KUMAR (HUF) KHANNA NIWAS , SHAKTIPURAM COLONY, DIAMOND TALKIES ROAD, RAMPUR UTTAR PRADESH PIN 244901 PAN AAIHM8628Q VS. ITO, WARD 1( 2 ) RAMPUR (APPELLANT) (RESPONDENT) O R D E R PER G.S. PANNU, VP: THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2015-16 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A), MORADABAD DATE D 13 TH MAY, 2019. 2. NOBODY APPEARED ON BEHALF OF THE ASSESSEE BEFORE US AT THE TIME OF THE VIRTUAL HEARING. IN THE CAPTIONED APPEAL, THE APPE LLANT ASSESSEE HAS INFORMED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE R ELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE D IRECT TAX VIVAD SE VISHWAS ASSESSEE BY: NONE DEPARTMENT BY : SHRI SARAS KUMAR, SENIOR DR. DATE OF HEARING 28 /08 /20 20 DATE OF PRONOUNCEMENT 28 /08/2020 ITA NO.5560/DEL/2019 MUKESH KUMAR VS. ITO 2 ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY D ECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2 020 HAS BEEN FILED BY THE ASSESSEE. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMEN T YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPEL LANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTIT UTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WIT H REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 28 TH AUGUST, 2020. SD/- SD/- (SUDHANSHU SRIVASTAVA) (G.S. PANNU) JUDICIAL MEMBER VI CE PRESIDENT DATED: 28/08/2020 GS COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI ITA NO.5560/DEL/2019 MUKESH KUMAR VS. ITO 3