M/s. Lakshmi Sugar Mills Co. Ltd., New Delhi V. ACIT, New Delhi

ITA 5939/DEL/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6758 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 21-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR SHIV SWAROOP SINGH SENIOR
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D : NEW DELHI) BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA NO.5939/DEL./2016 (ASSESSMENT YEAR : 2012-13) M/S. LAKSHMI SUGAR MILLS CO. LTD., VS. ACIT, CIRCL E 15 (1), 704, SIDDARTHA BUILDING, NEW DELHI. 96, NEHRU PLACE, NEW DELHI 110 019. (PAN : AAACT0034G) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : DR. SHIV SWAROOP SINGH, SENIOR DR DATE OF HEARING : 06.04.2021 DATE OF ORDER : 06.04.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, M/S. LAKSHMI SUGAR MILLS CO. LTD. (HEREI NAFTER REFERRED TO AS THE ASSESSEE), BY FILING THE PRESE NT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 10.08.2016 PASSE D BY THE COMMISSIONER OF INCOME-TAX (APPEALS)-5, DELHI QUA T HE ASSESSMENT YEAR 2012-13. ITA NO.5939/DEL./2016 2 2. LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATIO N SEEKING WITHDRAWAL OF THE APPEAL ON THE GROUND THAT THE ASS ESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS F OR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWA S SCHEME, 2020 AND HAS FILED NECESSARY FORMS 1 & 2 WITH THE TAX DEPARTMENT, WHICH WAS ACCEPTED AND PROCESSED VIDE F ORM 3 ISSUED BY THE TAX DEPARTMENT. 3. KEEPING IN VIEW THE AFORESAID FACTS, PRESENT APP EAL IS HEREBY DISMISSED WITH LIBERTY TO GET IT RESTORED BY THE AS SESSEE IN CASE DISPUTE IS NOT SETTLED AS PER SCHEME. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. CONSEQUENTLY, THE PRESENT APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 6 TH DAY OF APRIL , 2021 AFTER THE CONCLUSION OF THE VIRTUAL HEARING. SD/- SD/- (ANIL CHATURVEDI) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 6 TH DAY OF APRIL, 2021 TS ITA NO.5939/DEL./2016 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-5, DELHI 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.