MINDA CAPITAL PVT. LTD., NEW DELHI V. ACIT, CENTRAL CIRCLE- 13, NEW DELHI

ITA 7337/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1287 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2013-2014
• Appeal Filed On: 08-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.7337/DEL/2017 (FOR ASSESSMENT YEAR 2013-14) M/S. MINDA CAPITAL PVT. LTD., (FORMERLY KNOWN AS) M/S. MAYANK AUTO ENGINEERS PVT. LTD., A-15, ASHOK VIHAR, PHASE -1, NEW DELHI - 110052 PAN NO. AACCM 0011 C VS ADDL. CIT CENTRAL CIRCLE - 13 NEW DELHI (APPELLANT) (RESPONDENT) A SSESSEE BY SHRI DEEPESH KR. GARG, ADV. RE VENUE BY SHRI SURENDER PAL , CIT(DR) DATE OF HEARING: 10 / 1 2 /2020 DATE OF PRONOUNCEMENT: 17 / 1 2 /2020 ORDER PER ANIL CHATURVEDI, AM: THE ABOVE APPEAL BY THE ASSESSEE IS PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-XXVI, NEW DELHI DATED 09.10.2017 PERTAINING TO ASSESSMENT YEAR 2013-14. 2. BEFORE US, LEARNED AR HAS SUBMITTED THAT THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS (VSV) AND, THEREFORE, IT MAY BE ITA NO.7337/DEL/2017 M/S. MINDA CAPITAL PVT. LTD. VS. ACIT A.Y. 2013-14 2 ALLOWED TO WITHDRAW THE APPEAL. LEARNED DR HAS NO OBJECTION TO THE WITHDRAWAL. 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 AFTER CONSIDERING THE REQUEST MADE BY THE ASSESSEE, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID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 WITH THESE DIRECTIONS THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4.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 17.12.2020 SD/- SD/- (KULDIP SINGH) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER *PRITI YADAV, SR.PS* DATE:- 17.12.2020 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI