DCIT, New Delhi V. M/s. EDAG Engineering & Design (India) Pvt. Ltd., New Delhi

ITA 6154/DEL/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4177 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2007-2008
• Appeal Filed On: 10-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M BARANWAL
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DLEHI BEFORE SHRI G.S. PANNU, VICE-PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.6154/DEL/2014 ASSESSMENT YEAR: 2007-08 DCIT CIRCLE 11(1), VS. EDAG ENGINEERING & DESIGN(I NDIA), NEW DELHI. PVT. LTD., C-227, SANKALP, GROUND FLO OR, WESTLAND MARG, PARYAVARAN COMPLEX, NEW DELHI PAN : AAACE6666K (APPELLANT) (RESPONDENT) APPELLANT BY : SH.DEEPAK KATARIA, CA RESPONDENT BY: SH. M. BARANWAL, SR. DR DATE OF HEARING: 10/02/2021 DATE OF ORDER : 10/02/2021 ORDER PER G.S. PANNU, V.P. THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2007-08 IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-XX, NEW DE LHI DATED 08.08.2014 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE ITS L ETTER DATED 28.01.2021, RECEIVED THROUGH EMAIL, HAS STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARR EARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWA S SCHEME, 2020. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF TH E DIRECT TAX VIVAD SE 2 VISHWAS ACT, 2020 HAS ALSO BEEN FILED. IT IS, THERE FORE, REQUESTED THAT THE PRESENT APPEAL OF THE REVENUE SHOULD BE CONSIDERED AS WITHDRAWN. 3. LEARNED SENIOR DR HAS NO OBJECTION. IT IS, HOWEV ER, SUBMITTED BY LD. DR THAT THE STANDING INSTRUCTIONS ARE THAT IT IS ONLY IF THE ASSESSEE MAKES PAYMENT SUBSEQUENT TO THE PROCESSING OF THE C ASE UNDER VIVAD SE VISHWAS TAK SCHEME,2020, THE REVENUE WILL SEEK WITH DRAWAL OF THE CASE. IN VIEW OF THIS, WE MAKE IT CLEAR THAT IN CASE ANY OBJECTION ARISES IN ASSESSEE MAKING ANY PAYMENT SUBSEQUENT THERETO, THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE COURT. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF T HE ASSESSEE FOR WITHDRAWAL OF THE APPEAL. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED AS WITHDRAWN. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN PRESENCE OF PARTIES ON 10 TH FEBRUARY, 2021. SD/- SD/- (K. NARASIMHA CHARY) (G.S. PANNU) JUDICIAL MEMBER VICE- PRESIDENT DATED: 10/02/2021 AKS