Addi. CIT Special Range-5, New Delhi V. Kushal Infraproject Industries India Ltd., New Delhi

ITA 5749/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0398 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 01-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M BARANWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO.5749/DEL/2019 ASSESSMENT YEAR : 2013-14 ADDL. CIT, SPECIAL RANGE-5, NEW DELHI VS. M/S. KUSHAL INFRAPROJECT INDUSTRIES INDIA PVT. LTD. NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : AYUSHI GUPTA, CA RESPONDENT BY : SH. M. BARANWAL, SR.DR DATE OF HEARING : 16 . 07.2021 DATE OF PRONOUNCEMENT : 16 . 07.2021 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2013-14 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-5, NEW DELHI DATED 29.03.2 019. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE HIS LETTER DAT ED 05.07.2021, RECEIVED BY EMAIL, HAS REQUESTED FOR DISMISSAL OF THE APPEAL FILED BY THE REVENUE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DI SPUTE RELATING ITA-5749/DEL/2019 2 TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UN DER THE VIVAD SE VISHWAS SCHEME, 2020. A CERTIFICATE TO THIS EFFECT U NDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FIL ED SHOWING AMOUNT PAYABLE NIL ISSUED BY THE PCIT, DELHI-4 ON 10.02.2021. 3. LEARNED SENIOR DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEE FOR DISMISSAL OF THE APPEAL OF THE REVENUE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 16 JULY, 2021 IN PRESENCE OF BOTH THE PARTIES. SD/- SD/- (KUL BHARAT) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT *BINITA* COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR, ITAT, DELHI