PASHUPATI TEXTILES & PRINTS PVT. LTD., MEERUT V. DCIT, CIRCLE- 2, MEERUT

ITA 5569/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5411 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 28-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: V RAJ KUMAR
• Keywords: TDS
• Section: 143(3); 154

Judgement Text

ITA NO.-5569/DEL/2018. PASHUPATI TEXTILES & PRINTS PVT. LTD. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: F: NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 5569/DEL/2018 ( ASSESSMENT YEAR: 2006-07) M/S PASHUPATI TEXTILES & PRINTS PVT. LTD., MEERUT. VS. DCIT, CIRCLE-2, MEERUT. APPELLANT RESPONDENT PAN NO: AABCP0275C ASSESSEE BY : SHRI V. RAJKUMAR, ADV. REVENUE BY : SHRI SANJOG KAPOOR, CIT(DR) PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY ASSESSEE IS FILED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEAL), NEW DELHI, DATED 29.06.2018 FOR ASSESSMENT YEAR 2006-07. GROUNDS TAKEN IN THIS APPEAL OF ASSESSEE ARE AS UNDER: 1. THE LEARNED CIT(APPEAL) WAS NOT JUSTIFIED BY DISMISSING THE APPEAL. 2. THE LEARNED COMMISSIONER OF INCOME TAX (APPEAL) HAS ERRED IN SUMMARILY REJECTING THE PLEA OF THE APPELLANT COMPANY WRT MAKING DISALLOWANCE OF EXPENSES INCURRED UNDER THE HEAD PRINTING JOB WORK UNDER SECTION 154 OF THE INCOME TAX ACT, 1961 DUE TO NON-COMPLYING TDS PROVISIONS WHILE THE ASSESSMENT WAS MADE UNDER SECTION 143(3) AND PAYEES ARE ASSESSED TO INCOME TAX. ITA NO.-5569/DEL/2018. PASHUPATI TEXTILES & PRINTS PVT. LTD. PAGE 2 OF 4 3. THE ASSESSEE CRAVES LEAVE TO ADD / ALTER ANY OF THE GROUNDS OF APPEAL BEFORE OR AT THE TIME HEARING. (B) AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE INFORMED US THAT THE ASSESSEE HAS FILED APPLICATION FOR VIVAD SE VISHWAS SCHEME, 2020 (VSVS, FOR SHORT) AND THAT FORM-3 HAS ALREADY BEEN ISSUED. HE DREW OUR ATTENTION TO LETTER FILED FROM ASSESSEES SIDE IN INCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) GIVING INTIMATION OF THE SAME. IN VIEW OF THIS, THE LEARNED COUNSEL AS WELL AS THE LEARNED COMMISSIONER OF INCOME TAX (DEPARTMENTAL REPRESENTATIVE) [LD. CIT(DR), FOR SHORT] SUBMITTED BEFORE US THAT THIS APPEAL MAY BE CONSIDERED AS WITHDRAWN AND MAY BE DISMISSED ON ACCOUNT OF THE AFORESAID VSVS. WE HAVE ALSO PERUSED COPY OF FORM -3 DATED 24/12/2020 ISSUED BY THE DESIGNATED AUTHORITY UNDER VSVS; WHICH WAS ALSO FILED FROM THE ASSESSEES SIDE ALONGWITH ABOVE MENTIONED LETTER. AFTER DUE CONSIDERATION, WE ARE OF THE OPINION THAT THIS APPEAL HAS BECOME INFRUCTUOUS ON ACCOUNT OF AFORESAID VSVS AND THIS APPEAL IS TREATED AS WITHDRAWN ON ACCOUNT OF THE AFORESAID VSVS. IN VIEW OF THE FOREGOING, AND AS BOTH SIDES ARE IN AGREEMENT TO THIS, THIS APPEAL HAVING BECOME INFRUCTUOUS, IS TREATED AS WITHDRAWN AND IS HEREBY DISMISSED. (B.1) BEFORE WE PART, WE HEREBY CLARIFY, BY WAY OF ABUNDANT CAUTION, THAT IF FOR SOME REASON THE DISPUTES UNDER THIS APPEAL BEFORE US ARE NOT SETTLED UNDER THE AFORESAID VSVS, THEN THE ASSESSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THIS APPEAL, IN ACCORDANCE WITH LAW. (C) IN THE RESULT, THIS APPEAL IS DISMISSED. ITA NO.-5569/DEL/2018. PASHUPATI TEXTILES & PRINTS PVT. LTD. PAGE 3 OF 4 THIS ORDER WAS ORALLY PRONOUNCED ON 23 RD SEPTEMBER, 2021 IN OPEN COURT, IN THE PRESENCE OF REPRESENTATIVES OF BOTH SIDES, AFTER CONCLUSION OF THE HEARING. NOW THIS ORDER IN WRITING IS SIGNED TODAY ON 23/09/2021 . SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 23/09/2021 (POOJA) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.-5569/DEL/2018. PASHUPATI TEXTILES & PRINTS PVT. LTD. PAGE 4 OF 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER