A Construction (P) Ltd., New Delhi V. ITO, Ward- 1(1), New Delhi

ITA 6517/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8594 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 11-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI SMC-1 BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER & MS.SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.6517/DEL/2018 ASSESSMENT YEAR : 2010-11 A CONSTRUCTION (P.) LTD., A-30, 2 ND FLOOR, ROOM NO.11, KAILASH COLONY, NEW DELHI-110048. PAN-AAFCA6737L VS ITO, WARD-1(1), NEW DELHI APPELLANT RESPONDENT APPELLANT BY SH. VINOD KUMAR, BINDAL, CA & MS. RINKY SHARMA, ADV. RESPONDENT BY SH. AJAY KUMAR, SR.DR DATE OF HEARING 11 . 0 1.202 1 DATE OF PRONOUNCEMENT 11 . 0 1.202 1 ORDER PER R.K.PANDA, AM : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2010-11 IS DIRECTED AGAINST THE ORDER OF CIT(A)-1, NEW DELHI D ATED 10.09.2018. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE ITS L ETTER DATED 08.01.2021, RECEIVED THROUGH EMAIL, HAS REQUESTED F OR WITHDRAWAL OF THE APPEAL FILED BY HIM AND STATED THAT THE ASSESSEE HA S OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSM ENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2 020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. ITA NO.6517/DEL/2018 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT , THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APP LICATION 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 APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRT UAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 11 TH JANUARY, 2021. SD/- SD/- (SUCHITRA KAMBLE) ( R.K.PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI