Suresh Kumar Garg, New Delhi V. ACIT, Central circle-20, New Delhi

ITA 6689/DEL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6861 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2015-2016
• Appeal Filed On: 18-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI FRIDAY BENCH FRIDAY-A : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO. 6689/DEL/2018 ASSESSMENT YEAR : 2015-16 SURESH KUMAR GARG, 143, SITARAM APARTMENT, I.P. EXTENSION, PATPARGANJ, NEW DELHI 110 092 (PAN : AAHPG3201G) VS. ACIT, CENTRAL CIRCLE-20, NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : SH. SHAILESH GUPTA, CA RESPONDENT BY : MS. RAKHI VIMAL, SR. DR DATE OF HEARING : 11.09.2020 DATE OF PRONOUNCEMENT : 11.09.2020 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2015- 16 IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-27, NEW DELHI DAT ED 20.08.2018. 2. THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE T AX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE DIRECT TAX ITA-6689/DEL/2018 2 VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NE CESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRECT TAX VIVAD SE VISHW AS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS C ONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CAS E THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS N OT 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 T HE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. T HE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH RE GARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNED TO REC ORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOTH THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 11 SEPTEMBER, 2020. SD/- SD/- (K. NARASIMHA CHARY) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT SRB. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR