Devki Devi Foundation, New Delhi V. ADIT(Exemption), Circle-1, New Delhi

ITA 7549/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5187 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 28-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Assessee Lawyers: PRIYA JAIN
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A NO.7549/DEL/2018 (ASSESSMENT YEAR 201 0-11) DEVKI DEVI FOUNDATION 2, PRESS ENCLAVE ROAD, SAKET, DELHI-110 017 PAN-AAATD 5283G VS. ASST. DIRECTOR OF INCOME TAX (EXEMPTIONS) INV. CIRCLE-1 , NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY MS. PRIYA JAIN, CA RESPONDENT BY MS. NIDHI SRIVASTAVA, CIT-DR DATE OF HEARING 20.04.2021 DATE OF PRONOUNCEMENT 20.04.2021 ORDER PER PRASHANT MAHARISHI, AM: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST ORDER DATED 04.09.2018 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-40, DELHI {CIT(A)} FOR ASSESSMENT Y EAR 2010-11. 2 ITA NO. 7549/DEL/2018 DEVKI DEVI FOUNDATION VS. AC IT 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR ) SUBMITS THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRE CT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. 3.0 CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGNED TO THE RECORDS AND TREATED AS DISMISSE D. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFO RESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TR IBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 3 ITA NO. 7549/DEL/2018 DEVKI DEVI FOUNDATION VS. AC IT 5.0 IN VIEW OF THE AFORESAID, THE APPEAL IS CO NSIGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, IS TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CO NCLUSION OF VIRTUAL HEARING ON 20 TH APRIL, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 20/04/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI