Atul Mohan, Noida V. DCIT, Central circle-28, New Delhi

ITA 656/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8722 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 29-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 6; 2; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘A’ : NEW DELHI) (Through Video Conferencing) BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.656/Del/2019 (Assessment Year : 2012-13) Sh. Atul Mohan, C-69, Sector-30, Noida Uttar Pradesh, PAN : ALOPM3950E Vs. DCIT, Central Circle-28 New Delhi (APPELLANT) (RESPONDENT) Assessee by None Revenue by Shri J.K.Mishra, CIT(DR) Date of hearing: 17.02.2022 Date of Pronouncement: 17.02.2022 ORDER PER ANUBHAV SHARMA, JM: This appeal has been preferred by the assessee against the appellate order dated 02.11.2018 u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “The Act”) passed by Commissioner of Income Tax (Appeals)- 29, New Delhi, being appeal no. 313/17-18/CIT(A)-29 . ITA No. 656/Del/2019 Shri Atul Mohan 2 2. Heard and perused the record. An application has been filed, for withdrawal of the appeal by the assessee, in furtherance of settlement arrived under The Direct Tax Vivad Se Vishwas Act, 2020 (The Act of 2020). 3. On behalf of the appellant Form no. 5 under the Act of 2020 has been placed on record which is issued under sub-section 2 of Section 5 read with section 6 of the Act of 2020. 4. The sub section (2) of section 4 of the Act of 2020 provides that on issuance of certificate under sub section (1) of section 5 by the designated authority the appeal pending before this tribunal shall be deemed to have been withdrawn from the date on which the said certificate is issued. 5. In the light of aforesaid, the appeal in hand stands dismissed. 6. However, subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of The Act of 2020, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application, appropriately as per law. Order pronounced in the open court on 17/02/2022, immediately after conclusion of the hearing of the matter in virtual mode. Sd/- Sd/- (ANIL CHATURVEDI) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 17.02.2022 *Binita, SR.P.S* Copy forwarded to: 1. Appellant ITA No. 656/Del/2019 Shri Atul Mohan 3 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI