Devki Devi Foundation, New Delhi V. DCIT (E), Circle-1(1), New Delhi

ITA 7185/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 1315 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 29-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’ NEW DLEHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 7185/Del/2019 Assessment Year: 2012-13 Devki Devi Foundation, 2, Press Enclave Road, Saket, New Delhi. PAN:AAATD5283G VersuS DCIT (E), Circle 1(1), New Delhi (Appellant) (Respondent) Appellant by : None Respondent by : Shri B.K. Singh, Ld. Sr. DR Date of hearing : 30.06.2022 Date of order : 30.06.2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Assessee against the order dated 02.07.2019, impugned herein, passed by the ld. Commissioner of Income Tax (Appeals)-40, New Delhi, for the assessment year 2015-16. 2. None is present on behalf of the assessee. However, application dated 24.06.2022 is placed on record, wherein, the assessee claimed that since the Assessee has availed the immunity scheme i.e. Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No. 5 in response to the application filed by the Assessee under the scheme, therefore, the Assessee’s appeal may be dismissed as withdrawn. [2] 3. The Ld. DR did not refute the factual position and claim of the Assessee. 4. Considering the application for withdrawal of the appeal and Form-5 dated 26.02.2021 (Copy already on record) issued by the Department, the appeal of Assessee is liable to be dismissed as withdrawn, hence, ordered accordingly. 5. In the result, Assessee’s appeal under consideration stands dismissed as withdrawn. Order pronounced in the open court on 30/06/2022. Sd/- Sd/- (PRADIP KUMAR KEDIA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *aks/-