Naresh Agarwal Constructions (P) Ltd., Ghaziabad V. ACIT, Circle-2, Ghaziabad

ITA 5729/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0169 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 07-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRI BUNAL DELHI BENCH E: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI A.N.MISSHRA, ACCOUNTANT MEMBER ITA NO.5729/DEL/2017 (ASSESSMENT YEAR 2014-15) M/S NARESH AGARWAL CONSTRUCTION (PVT.) LTD. SI- 68, SHASTRI NAGAR, GHAZIABAD. PAN AACCN 0347A VS. ASST CIT CIRCLE-2, GHAZIABAD. (APPELLANT) (RESPONDENT) APPELLANT BY SH. DEEPANSHU AGGARWAL, CA RESPONDENT BY MS. RAKHI VIMAL, SR. DR DATE OF HEARING 16.03.2021 DATE OF PRONOUNCEMENT 16.03.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST OR DER DATED 30.06.2017 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-GHAZIABAD {CIT(A)} FOR ASSESSMENT YEA R 2014-15. 2 ITA NO.5729/DEL/2017 NARESH AGARWAL CONSTRUCTION (PVT.) LTD. VS. ACIT 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SUB MITS THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRE CT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. 3.0 CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGNED TO THE RECORDS AND TREATED AS DISMISSED. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAV EAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROAC H THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESA ID CAVEAT. 3 ITA NO.5729/DEL/2017 NARESH AGARWAL CONSTRUCTION (PVT.) LTD. VS. ACIT 5.0 IN VIEW OF THE AFORESAID, THE APPEAL IS C ONSIGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, IS TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 16 TH MARCH, 2021. SD/- SD/- (A.N.MISSHRA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16/03/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI