Emirates Habitate P.Ltd, New Delhi V. ACIT, Central circle-4, New Delhi

ITA 7609/DEL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2466 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 30-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL
• Assessee Lawyers: UMANG LUTHRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SMT. MADHUMITA ROY, JUDICIAL MEMBER ITA NO.7609/DEL/2018 ASSESSMENT YEAR : 2012-13 M/S EMIRATES HABITAT PVT. LTD., A-626, 6 TH FLOOR, DLF TOWER A, JASOLA, NEW DELHI-110076 PAN :AACCEE7338J VS. ACIT, CENTRAL CIRCLE-4, NEW DELHI (APPELLANT) (RESPONDENT) ITA NO.7610/DEL/2018 ASSESSMENT YEAR : 2012-13 M/S EMIRATES RESIDENCY PVT. LTD., A-626, 6 TH FLOOR, DLF TOWER A, JASOLA, NEW DELHI-110076 PAN :AACCEE7340Q VS. ACIT, CENTRAL CIRCLE-4, NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : MS. UMANG LUTHRA, ADVOCATE RESPONDENT BY : SHRI. M. BARANWAL, SR. DR DATE OF HEARING : 26.11.2020 DATE OF PRONOUNCEMENT : 26.11.2020 ORDER PER G.S. PANNU, VP : THESE APPEALS BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2012-13 ARE DIRECTED AGAINST THE ORDERS OF LEARNED CIT(A), NEW DELHI BOTH DATED 28.09.2018. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE HIS LETTER DATED 20.11.2020, HAS INTIMATED THE TRIBUNAL THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE ITA-7609&7610/DEL/2018 2 RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTED FOR WITHDRAWAL OF THE SAID APPEAL. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEALS ARE CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS 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 AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEALS ARE CONSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, ARE TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 26 TH NOVEMBER, 2020. SD/- SD/- (MADHUMITA ROY) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT SH COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR