M/s. Toyo Ink India Pvt. Ltd., New Delhi V. DCIT, New Delhi

ITA 772/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6919 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 10-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: RAJNANDANI SHUKLA
• Section: 143(3); 144C

Judgement Text

1 ITA NO. 6197/DEL/2015 & 772/DEL/2017 IN THE INCOME TAX APPELLAT E TRIBUNAL DELHI BENCH: I-2 NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBE R AND MS SUCHITRA KAMBLE, JUDIC IAL MEMBER ITA NO. 6197/DEL/2015 ( A.Y 2011-12) ITA NO. 772/DEL/2017 ( A.Y 2012-13) (THROUGH VIDEO CONFE RENCING) TOYO INK INDIA PVT. LTD 82, FUNCTIONAL INDUSTRIAL ESTATE, PATPARGANJ INDUSTRIAL AREA, DELHI AACCT5137A (APPELLANT) VS DCIT CIRCLE-25 (2) NEW DELHI (RESPONDENT) APPELLANT BY MS. RAJNANDANI SHUKLA, ADV RESPONDENT BY SH. SUKESH KUMAR JAIN, CIT DR ORDER PER SUCHITRA KAMBLE, JM THESE TWO APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDER DATED 23.09.2015 PASSED UNDER SECTION 143(3) READ WITH SE CTION 144C OF THE INCOME TAX ACT, 1961 PASSED BY DCIT, CIRCLE 25(2) NEW DELH I AND ORDER DATED 27.12.2016 PASSED UNDER SECTION 143(3) R.W.S. 144C PASSED BY DCIT, CIRCLE 25(1) NEW DELHI, FOR ASSESSMENT YEAR 2011-12 & 2012 -13 RESPECTIVELY. 2. BEFORE US, THE LD. AR ALONG WITH LETTER DATED 2 6.01.2021 SUBMITTED THAT THE ASSESSEE HAS MOVED AN APPLICATION TO RESOLVE TH E PENDING ISSUE THROUGH DATE OF HEARING 27.01.2021 DATE OF PRONOUNCEMENT 27 .01.2021 2 ITA NO. 6197/DEL/2015 & 772/DEL/2017 DIRECT TAX VIVAD SE VISHWASH SCHEME (VSV) ACT, 20 20, AND HAS FILED DECLARATION FORM NO. 1 & 2 AND IS AWAITING FORM 3. 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDE RING THE SUBMISSIONS OF THE ASSESSEE, WE DISMISS THESE APPEALS OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARR EARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUN AL FOR REINSTITUTION OF THESE FOUR APPEALS AND THE TRIBUNAL SHALL CONSIDER THE SA ME. THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THESE TWO APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT IN PRESENCE OF B OTH THE PARTIES ON THIS 27 TH DAY OF JANUARY , 2021. SD/- SD/- (R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL M EMBER DATED: 27/01/2021 R. NAHEED COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO. 6197/DEL/2015 & 772/DEL/2017