Sharda Exports, New Delhi V. Pr.CIT, Meerut

ITA 7618/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4016 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 19-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ANUJ KUMAR

Judgement Text

ITA NO.-7618/DEL/2017 SHARDA EXPORTS. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: G: NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 7618/DEL/2017 ( ASSESSMENT YEAR: 2014-15) SHARDA EXPORTS, B-96, EASTERN AVENUE, SAINIK VIHAR FARMS, NEW DELHI-110061. VS. PRINCIPAL COMMISSIONER OF INCOME TAX, MEERUT, UTTAR PRADESH- 250001. APPELLANT RESPONDENT PAN NO: ABOFS0079G ASSESSEE BY : SHRI ANUJ KUMAR, CA REVENUE BY : SHRI H.K. CHOUDHERY, CIT(DR) PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY ASSESSEE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX [LD. CIT, FOR SHORT] DATED 24.10.2017 FOR ASSESSMENT YEAR 2014-15. GROUNDS TAKEN IN THIS APPEAL OF ASSESSEE ARE AS UNDER: 1. THAT THE LD. COMMISSIONER OF INCOME TAX, MEERUT HAS ERRED IN LAW AND FACTS OF THE CASE BY PASSING AN ERRONEOUS ORDER ON THE DUTY DRAW BACK ISSUE WHICH IS FULLY DISCUSSED BY THE LD. ASSESSING OFFICER WITH THE ASSESSEE FIRM. 2. THAT THE LD. COMMISSIONER OF INCOME TAX, MEERUT HAS ERRED IN LAW AND FACTS OF THE CASE IN NOT CONSIDERING THE VARIOUS DETAILS, PLEADINGS AND ITA NO.-7618/DEL/2017 SHARDA EXPORTS. PAGE 2 OF 4 WRITTEN SUBMISSIONS MADE FROM TIME TO TIME BY THE ASSESSEE FIRM ON THE DUTY DRAW BACK ISSUE. 3. THAT THE SEVERAL OBSERVATION AS MADE AND INFERENCE AS DRAWN BY THE AUTHORITIES BELOW IS UNTENABLE, INCORRECT, UNWARRANTED AND UNCALLED FOR. 4. THAT THE APPELLANT MAY TAKE ANY OTHER GROUND OR GROUNDS AT THE TIME OF HEARING OF APPEAL WITH THE KIND PERMISSION OF THE INCOME TAX APPELLATE TRIBUNAL, NEW DELHI. (B) AT THE TIME OF HEARING, THE LEARNED AUTHORIZED REPRESENTATIVE (LD. AR, FOR SHORT) FOR THE ASSESSEE INFORMED US THAT THE ASSESSEE HAS OPTED TO SETTLE THE AFOREMENTIONED APPEAL UNDER VIVAD SE VISHWAS SCHEME, 2020 (VSVS, FOR SHORT) AND THAT THE ASSESSEE HAS ALREADY FILED THE RELEVANT FORMS, NAMELY FORM-1 AND FORM-2 UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020. HE DREW OUR ATTENTION TO LETTER DATED 27.09.2021 FROM ASSESSEES SIDE IN INCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) GIVING INTIMATION OF THE SAME. IN THE AFORESAID LETTER DATED 27.09.2021; FILED FROM THE ASSESSEES SIDE; A REQUEST WAS MADE TO KEEP APPELLATE PROCEEDINGS IN ITAT IN ABEYANCE. WE HEARD BOTH SIDES, LD. AR FOR THE ASSESSEE, AND THE LD. CIT(DR) ON THIS MATTER. BOTH SIDES WERE IN AGREEMENT THAT THIS APPEAL MAY BE DISMISSED ON ACCOUNT OF VSVS; SUBJECT TO THE ASSESSEE BEING GIVEN THE LIBERTY TO APPROACH ITAT FOR RESTORATION OF THE APPEAL IF THE DISPUTES ARE NOT SETTLED UNDER VSVS. AFTER DUE CONSIDERATION, AND IN VIEW OF THE FOREGOING; WE ARE OF THE OPINION THAT THIS APPEAL HAS BECOME INFRUCTUOUS ON ACCOUNT OF AFORESAID VSVS, AND THIS APPEAL MAY BE TREATED AS WITHDRAWN ON ACCOUNT OF THE AFORESAID VSVS. ACCORDINGLY, THIS APPEAL HAVING BECOME INFRUCTUOUS, IS TREATED AS WITHDRAWN AND IS HEREBY DISMISSED. WE HEREBY CLARIFY, HOWEVER, THAT IF FOR SOME REASON THE DISPUTES UNDER THIS APPEAL BEFORE ITA NO.-7618/DEL/2017 SHARDA EXPORTS. PAGE 3 OF 4 US ARE NOT SETTLED UNDER THE AFORESAID VSVS, THEN THE ASSESSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THIS APPEAL, IN ACCORDANCE WITH LAW. (C) IN THE RESULT, THIS APPEAL IS DISMISSED. THIS ORDER WAS ALREADY PRONOUNCED ORALLY ON 05 TH OCTOBER, 2021 IN OPEN COURT, IN THE PRESENCE OF REPRESENTATIVES OF BOTH SIDES, AFTER CONCLUSION OF THE HEARING. NOW THIS ORDER IN WRITING IS SIGNED TODAY ON 7 TH OCTOBER, 2021. SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 7 TH OCTOBER, 2021. (POOJA) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.-7618/DEL/2017 SHARDA EXPORTS. PAGE 4 OF 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER