VVSA Traders Pvt. Ltd., Delhi V. ITO, Ward- 26(4), New Delhi

ITA 7238/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3785 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 14-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-1, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.7238/DEL/2018 (ASSESSMENT YEAR : 2009-10) VVSA TRADERS PVT. LTD., (FORMERLY KNOWN AS VVSA CHIT FUND PVT. LTD.) 18/244, SECTOR-3, ROHINI, NEW DELHI-110 085 PAN : AACCV 1875 B VS. ITO, WARD-26(4) NEW DELHI (APPELLANT) (RESPONDENT) A SSESSEE BY SHRI V. RAJA KUMAR, ADVOCATE RE VENUE BY -- NONE -- DATE OF HEARING: 01 /0 6 /202 1 DATE OF PRONOUNCEMENT: 01 / 0 6 /202 1 ORDER PER ANIL CHATURVEDI, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 24.08.2018 OF THE COMMISSIONER OF INCOME TAX (APPEALS)-9, NEW DELHI RELATING TO ASSESSMENT YEAR 2009-10. 2. BEFORE US, ASSESSEE HAS MOVED AN APPLICATION DATED 31.05.2021 WHEREIN THE ASSESSEE HAS STATED THAT IT HAS OPTED FOR VIVAD SE VISHWAS (VSV) 2020 AND HAS FILED THE DECLARATION (FORM- 1) AND UNDERTAKING (FORM-2) SCHEME AND DESIGNATED AUTHORITY IS 2 YET TO ISSUE CERTIFICATE IN FORM-3. THE ASSESSEE THEREFORE SEEKS TO WITHDRAW THE APPEAL. IN VIEW OF THE AFORESAID, THE REQUEST FOR ADJOURNMENT BY THE REVENUE IS REJECTED. 3. AFTER CONSIDERING THE REQUEST MADE BY THE ASSESSEE, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, 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. WITH THESE DIRECTIONS THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.06.2021, IMMEDIATELY AFTER CONCLUSION OF THE HEARING OF THE MATTER IN VIRTUAL MODE. SD/- (ANIL CHATURVEDI) ACCOUNTANT MEMBER DATE:- 01.06.2021 PY* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI