M/s. Jeet Tradelink Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 715/DEL/2010

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1598 (ITAT-DELHI)
• Duration Of Justice: 10 year(s) 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 17-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS AEESHNA PAUL
• Assessee Lawyers: VIBHU GUPTA CA MS SHAILY GUPTA

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 715/DEL/2010 ASSTT. YEAR 2006-07 M/S. JEET TRADELINK PVT. LTD. 414/1, 4 TH FLOOR, DDA COMMERCIAL COMPLEX DISTRICT CENTRE, JANAKPURI NEW DELHI 110 058 PAN AABCJ4159R VS. ITO , WARD-4(2), NEW DELHI, (APPELLANT) (RESPONDENT) ITA NO. 1278/DEL/2010 ASSTT. YEAR 2006-07 ITO WARD4(2) ROOM NO. 413A C.R. BUILDING I.P. ESTATE, NEW DELHI. VS. M/S. JEET TRADE I INK S PVT. LTD. 414/1, 4 TH FLOOR, DDA COMMERCIAL COMPLEX, DRUM SHAPE BUILDING, I.P. MARG, NEW DELHI . PAN AABCJ4159R (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI VIBHU GUPTA, CA MS. SHAILY GUPTA, CA DEPARTMENT BY : MRS. AEESHNA PAUL , CIT DATE OF HEARING 15 /0 2 /20 2 1 DATE OF PRONOUNCEMENT 15 /02 /2021 2 O R D E R PER R.K. PANDA, AM THESE CROSS APPEALS, THE FIRST ONE IS FILED BY THE ASSESSEE AND THE SECOND ONE FILED BY THE REVENUE AND ARE DIRECTED AGAINST THE ORDER DATED 21 ST JANUARY, 2010 BY THE LD. CIT(A)-VII, NEW DELHI FOR THE ASSESSMENT YEAR 2006-07. 2. LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATION STATING THAT ASSESSEE HAS GONE UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND HAS RECEIVED A CERTIFICATE AND FROM NO. 3. HE ACCORDINGLY SUBMITTED THAT SINCE THE DISPUTE NOW STANDS RESOLVED BY THE VIVAD SE VISHWAS ACT, 2020 BOTH THE APPEALS HAVE BECOME INFRUCTUOUS. THEREFORE, THE SAME MAY BE WITHDRAWN WITH CAVEAT. 3. IN VIEW OF THE ABOVE SUBMISSION OF THE LD. COUNSEL FOR THE ASSESSEE AND IN ABSENCE OF ANY OBJECTION FROM THE SIDE OF THE LD. DR, THE ABOVE TWO APPEALS FILED BY THE ASSESSE AND REVENUE RESPECTIVELY ARE DISMISSED AS WITHDRAWN. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID SCHEME, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR 3 REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE ABOVE, BOTH THE APPEALS FILED BY THE ASSESSEE AS WELL AS THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT TIME OF HEARING ITSELF I.E. ON 15 TH FEBRUARY, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15/02/2021 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI