Sagu Dreamland (P) Ltd., New Delhi V. DCIT, New Delhi

ITA 6613/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7979 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 27-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: RAJSHREE SINGHAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DLEHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.6613/DEL/2016 ASSESSMENT YEAR: 2008-09 SAGU DREAMLAND (P) LTD., VS. DCIT, CIRCLE 7(1), M-4/32, MODEL TOWN-III, NEW DELHI. NEW DELHI PAN : AAECS2630R (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. RAJSHREE SINGHAL, CA. REVENUE BY : SH. N.K. BANSAL, SR. DR DATE OF HEARING: 19/01/2021 DATE OF ORDER : 19/01/2021 ORDER PER R.K. PANDA, AM: THIS APPEAL IS FILED BY THE ASSESSEE BEING AGGRIEV ED BY THE ORDER DATED 03.10.2016 PASSED BY THE COMMISSIONER OF INCO ME-TAX (APPEALS)- 28, NEW DELHI FOR ASSESSMENT YEAR 2008-09. 2. LEARNED COUNSEL FOR THE ASSESSEE HAS INTIMATED T HAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT) FOR THE A SSESSMENT YEAR UNDER CONSIDERATION AND REQUESTED FOR WITHDRAWAL THE SAID APPEAL. 2 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 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 ACT, THE ASSESS EE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPE AL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PE R LAW. 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. ORDER WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEAR ING IN THE PRESENCE OF BOTH THE PARTIES ON 19 TH JANUARY, 2021. SD/- SD/- (K. NARASIMHA CHARY) (R.K PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 19/01/2021 AKS