M/s Maza Merchandise P. Ltd., Faridabad V. DCIT, Faridabad

ITA 6259/DEL/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4779 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2008-2009
• Appeal Filed On: 26-11-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIB UNAL DELHI BENCH C: NEW DELHI BEFORE, SHRI G. S. PANNU, VICE PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A NO.6259/DEL/2015 (ASSESSMENT YEAR 20 08-09 ) M/S. MAZA MERCHANDISE PVT. LTD., H.NO.402, SECTOR-21C, FARIDABAD. PAN-AACCS 3105R VS. D Y. CIT, CIRCLE-1, FARIDABAD. (APPELLANT) (RESPONDENT) APPELLANT BY SH. TARUN KUMAR, ADV. RESPONDENT BY SH. M. BARANWAL, SR. DR DATE OF HEARING 10.02.2021 DATE OF PRONOUNCEMENT 10.02.2021 ORDER PER G.S.PANNU, VP: THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YE AR 2008-09 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A), FA RIDABAD DATED 12.10.2015. 2. THE LEARNED COUNSEL FOR THE ASSESSEE VIDE EM AIL LETTER DATED 05.02.2021 HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSM ENT YEAR UNDER CONSIDERATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT) 2 ITA NO.6259 /DEL/2 015 M/S. MAZA MERCHANDISE P. LTD. VS. DCIT 3. CONSIDERING THE AFORESAID SITUATION, THE CAPT IONED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. 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 RESAID ACT, THE APPELLANT (I.E. THE ASSESSEE) SHALL BE AT LIBERTY T O 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 T HE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESSEE IS CONSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF V IRTUAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 10 TH FEBRUARY, 2021. SD/- SD/- (K. NARASIMHA CHARY) (G.S.PANNU) JUDICIAL MEMBER VICE PRESIDENT PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI