MGF Development Ltd., New Delhi V. DCIT, New Delhi

ITA 6370/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5931 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2008-2009
• Appeal Filed On: 14-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARTA TRANA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: E NEW DELHI BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [THROUGH VIDEO CONFERENCING] ITA NO. 6370/DEL./2016 ASSESSMENT YEAR: 2008-09 M/S. MGF DEVELOPMENT LTD., 4/17B, MGF HOUSE, ASAF ALI ROAD, NEW DELHI VS. DCIT, CENTRAL CIRCLE-7, NEW DELHI PAN :AAACM8146J (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-I, NEW DELHI, DATED 14.03.2012 PASSED FOR ASSESSMENT YEAR 2008-09 . 2. WE HAVE HEARD BOTH THE PARTIES THROUGH VIDEO CONFER ENCING. 3. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSE E HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL AS THE ASSES SEE HAS OPTED APPELLANT BY SHRI ARTA TRANA PANDA, ADV. RESPONDENT BY MS. PRAMITA M. BISWAS, CIT(DR) DATE OF HEARING 02.02.2021 DATE OF PRONOUNCEMENT 02.02.2021 2 ITA NO. 6370/DEL./2016 TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS F OR THE ASSESSMENT YEAR UNDER CONSIDERATION, UNDER THE VIVAD SE VISHWAS SCHEME, 2020 FOR WHICH, HE HAS FILED FORM NO 1 & 2 AND FOR M NO. 3 IS AWAITED. 2. HOWEVER, IT IS SUBMITTED BY THE APPELLANT THAT THE AFORESAID BE SUBJECTED TO A CAVEAT THAT IN CASE THE DISPUTE R ELATING TO TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED SCH EME, THE APPELLANT SHALL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. AS THE LEARNE D DR HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT, ACCO RDINGLY, WE HOLD SO. 3. IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESS EE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (MAHAVIR PRASAD) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 ND FEBRUARY, 2021. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI