ITO (Exemptions), Ward-1(3), New Delhi V. Career Launcher Education Foundation, New Delhi

ITA 5736/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1595 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 07-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAKESH SEHGAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A. NO.5736/DEL/2017 ASSESSMENT YEAR 2012-13 ITO (E), WARD-1(3), E-2 BLOCK, NEW DELHI. V. CAREER LAUNCHER EDUCATION FOUNDATION, R-90, FIRST FLOOR, GREATER KAILASH PART-I, NEW DELHI. TAN/PAN: AAATC7406Q (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI AVIKAL MANU, SR.D.R. RESPONDENT BY: SHRI RAKESH SEHGAL, CA DATE OF HEARING: 15 02 2021 DATE OF PRONOUNCEMENT: 15 02 2021 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 08.06.2017 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-XL, DELHI FOR THE ASSESSMENT YEAR 2012-13. 2. THE LD. COUNSEL FOR THE ASSESSEE, VIDE ITS LETTE R DATED 12 TH FEBRUARY, 2021 HAS INTIMATED THE TRIBUNAL THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE V IVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTE D FOR WITHDRAWAL OF THE SAID APPEAL. I.T.A. NO. 5736/DEL/2017 2 3. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT T HAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH 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 AFORESAID CAVEA T. 4. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGN ED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUA L HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 15 TH FEBRUARY, 2021. SD/- SD/- [ANADEE NATH MISSHRA] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15 TH FEBRUARY, 2021 PKK: