M/s. Leasemen Finvest India (P) Ltd., Delhi V. ACIT, New Delhi

ITA 5769/DEL/2016

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9508 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 09-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 5769/DEL/2016 ASSTT. YEAR 2012-13 LEASEMEN FINVEST INDIA (P) LTD. 301, VARDHMAN PLAZA, PLOT NO. 14, ROAD NO. 44 , PITAMPURA, COMMUNITY CENTRE DELHI 34 PAN AACL0389A VS. ACIT, CIRCLE-15 (1), NEW DELHI. (APPELLANT) (RESPONDENT) O R D E R PER R.K. PANDA, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 18 TH AUGUST 2016 PASSED BY THE LD. CIT (A)-5, DELHI RELATING TO ASSESSMENT YEAR 2012-13. ASSESSEE BY: MS. KHUSHBOO ARORA, CA DEPARTMENT BY : MS . AASHNA PAUL, CIT(DR) DATE OF HEA RING 30/12 /20 20 DATE OF PRONOUNCEMENT 30 / 12 /2020 ITA NO. 5769/DEL/2016 2 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE TIME OF HEARING FILED AN APPLICATION STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO TAX ARREARS FOR THE IMPUGNED ASSESSMENT YEAR UNDER THE VIVAD SE VISHWAS SCHEME, 2020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGNED TO RECORD AND TREATED AS DISMISSED. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID SCHEME, 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 REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 4. IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESSEE IS CONSIGNED TO RECORD AND FOR STATISTICAL PURPOSES IS TREATED AS DISMISSED. ITA NO. 5769/DEL/2016 3 5. THE ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOTH THE SIDES AND ON CONCLUSION OF VIRTUAL HEARING ON 30 TH DECEMBER 2020. ORDER PRONOUNCED ON 30 TH DECEMBER, 2020. SD/- SD/- (SUCHITRA KAMBLE) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 30/12/2020 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI