Shri Educare Ltd., New Delhi V. DCIT, New Delhi

ITA 776/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8390 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 10-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Section: 271(1)(c); 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, G: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NOS.775 & 776/DEL/2017 ASSESSMENT YE ARS : 2012-13 M/S SHRI EDUCARE LTD. C-8, COMMERCIAL COMPLEX, SAFDARJUNG DEVELOPMENT AREA, NEW DELHI-110016 PAN-AAMCS4925M VS. DCIT, CIRCLE-23(1), C.R. BUILDING, NEW DELHI-110002 (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SH. PRAKASH DUBEY , SR. DR DATE OF HEARING : 22.03.2021 DATE OF PRONOUNCEMENT : 22.03.2021 ORDER PER BENCH : ITA NO.776/DEL/2017 FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 11.11.2016 OF THE LEARNED CIT(A)-8, NEW DELHI, R ELATING TO ASSESSMENT YEAR 2012-13. ITA NO.775/DEL/2017 FILED BY TH E ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 21.11.2016 OF THE LEARNE D CIT(A)-8, NEW DELHI, RELATING TO ASSESSMENT YEAR 2012-13, CONFIRMING THE P ENALTY LEVIED U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT ). FOR THE SAKE OF CONVENIENCE, BOTH APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CONSOLIDATED ORDER. ITA NOS.775 & 776/DEL/2017 2 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF VIRTUAL HEARING, BEFORE US. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE ITS LETTER DATED 16.03.2021, HAS REQUESTED FOR WITHDRAWAL OF THE APPE ALS FILED BY HIM AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATIO N UNDER THE VIVAD SE VISHWAS SCHEME, 2020. A CERTIFICATE TO THIS EFFECT UNDER SEC TION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FILED. 3. LEARNED SENIOR DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE A SSESSEE FOR WITHDRAWAL OF THE APPEALS. 5. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WIT HDRAWN. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT ON CO NCLUSION OF VIRTUAL HEARING ON 22 ND MARCH, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DELHI/DATED- 22.03.2021 F{X~{T COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR, ITAT, DELHI