Shipra Estate Ltd. & Jai Krishan Estate Developers Pvt. Ltd., Ghaziabad V. JCIT, Range-58, New Delhi

ITA 5762/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2888 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 08-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Assessee Lawyers: PARTEEK GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUN AL DELHI BENCH G: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.5762/DEL/2017 (ASSESSMENT YEAR 2013-14) M/S SHIPRA ESTATE LTD. & JAI KRISHAN ESTATE DEVELOPERS PVT. LTD. C/O PRADEED & CO., TAX ADVOCATE, 7-NAVYUG MARKET, GHAZIABAD (U.P.) PAN ABGFS 9748C VS. JT.CIT RANGE-58, NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY SH. PARTEEK GUPTA, CA RESPONDENT BY SH. PRAKASH DUBEY, SR.DR DATE OF HEARING 02.03.2021 DATE OF PRONOUNCEMENT 02.03.2021 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)-19, NEW DELHI {CIT(A)} FOR ASSESSMENT YEAR 2013-14. 2 ITA NO.5762/DEL/2017 M/S SHIPRA ESTATE LTD. & JAI K RISHAN ESTATE DEVELOPERS PVT. LTD. VS. JCIT 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SU BMITS 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 DISMISSE D. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFO RESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TR IBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 3 ITA NO.5762/DEL/2017 M/S SHIPRA ESTATE LTD. & JAI K RISHAN ESTATE DEVELOPERS PVT. LTD. VS. JCIT 5.0 IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, IS TREATED A S DISMISSED ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 2 ND MARCH, 2021. SD/- SD/- (PRASHANT MAHARISHI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 02/03/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI