Ramesh Kumar Upadhya (HUF), Ghaziabad V. ACIT Circel-2, Ghaziabad

ITA 6437/DEL/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9800 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 01-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority

Judgement Text

ITA NO.6437 /DEL/2019 M/S RAMESH KUMAR UPADHYA KARTA HUF 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-1 NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER ITA NO. 6437/DEL/2019 A.Y.: 2015-16 M/S RAMESH KUMAR UPADHYA KARTA, HUF, H. NO. 54, SECTOR-1, VS. ACIT, CIRCLE-2, CHIRANJEEV VIHAR, GHAZIABAD GHAZIABAD (PAN:AAJHR9081B) ( APPELLANT) (RESPONDENT) ASSESSEE BY : SH. RAJESH MALHOTRA, AR DEPARTMENT B : SH. PRAKASH DUBEY, SR. DR O R D E R THE ASSESSEE HAS FILED THE PRESENT APPEAL AGAINST THE IMPUGNED ORDER DATED 20.05.2019 PASSED BY LEARNED ACIT-C-2, NEW DELHI RELATING TO THE ASSESSMENT YEAR 2015-16. 2. AT THE TIME OF HEARING, MR. RAJESH MALHOTRA, LEARNED COUNSEL FOR THE ASSESSEE FILED AN APPLICATION DATED 25 TH DECEMBER, 2020 AND STATED THAT ASSESSEE HAVE OPTED FOR VIVAD SE VISHWAS SCHEME, 2020 FOR SETTLEMENT OF DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME ACT, 2020 FOR WHICH FORM NO. 1 AND FORM NO. 2 HAS BEEN FILED AND REQUESTED THAT THIS APPEAL MAY BE DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE TO MOVE AN APPLICATION FOR RECALLING OF THIS ORDER IF FORM NO. 3 NOT ISSUED. 2. LEARNED SR. DR HAS NOT RAISED ANY OBJECTION. ITA NO.6437 /DEL/2019 M/S RAMESH KUMAR UPADHYA KARTA HUF 2 3. KEEPING IN VIEW THE STATEMENT AND APPLICATION DATED 25.12.2020 FILED BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE PRESENT APPEAL IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE TO MOVE AN APPLICATION FOR RECALLING OF THIS ORDER IF COMPETENT AUTHORITY NOT ISSUED FORM NO. 3 AND THAT WILL BE DECIDED AS PER LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT TODAY I.E. ON 31.12.2020 IN THE PRESENCE OF BOTH THE PARTIES. SD/- [H.S. SIDHU] JUDICIAL MEMBER DATE: 31.12.2020 COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES