Ultimate E Solutions Pvt. Ltd., New Delhi V. ITO ward-27(1), New Delhi

ITA 638/DEL/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8262 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 03-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARNWAL
• Assessee Lawyers: DIVYANSHU AGGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI A BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NOS.8142/DEL/2019 & 638/DEL/2020 ASSESSMENT YEARS : 2010-11 & 2011-12 ULTIMATE E SOLUTIONS PVT.LTD., E-21, JANGPURA EXTENSION, NEW DELHI-110014. PAN-AAACU9169M VS ITO, WARD-27(1), NEW DELHI. APPELLANT RESPONDENT APPELLANT BY SH.DIVYANSHU AGGARWAL, ADV. RESPONDENT BY SH.M.BARNWAL, SR.DR DATE OF HEARING 08.01.2021 DATE OF PRONOUNCEMENT 08.01.2021 ORDER PER G.S. PANNU, VP : BOTH APPEALS BY THE ASSESSEE FOR THE ASSESSMENT YEA RS 2010-11 & 2011-12 ARE DIRECTED AGAINST THE ORDERS OF LEARNED CIT(A ), NEW DELHI DATED 05.08.2019 & 27.11.2019 RESPECTIVELY. 2. THE ASSESSEE, VIDE ITS LETTER DATED 04.01.2021, RECEIVE D THROUGH EMAIL, HAS REQUESTED FOR WITHDRAWAL OF THE APPEALS FILED BY H IM AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISP UTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEARS UNDER CONSIDERATION U NDER THE VIVAD SE VISHWAS SCHEME, 2020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPE ALS ARE CONSIGNED TO RECORDS AND TREATED AS DISMISSED. ITA NO.-8142/DEL/2019 & OTHERS 2 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESS MENT YEARS IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATIO N APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE ) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEALS ARE CONSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, ARE TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 08 TH JANUARY, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (G.S. PANNU) JUDICIAL MEMBER VICE PRESID ENT * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI