ACIT, Jaipur V. CONSTRUCTIVE FINANCE PVT. LTD., Jaipur

ITA 779/JPR/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4913 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 20-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAGDISH SINGH
• Assessee Lawyers: MANU K GIRI

Judgement Text

1 ITA NO. 779/JP/2014 IN THE INCOME TAX APPELLAT E TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBE R AND MS SUCHITRA KAMBLE, JUDIC IAL MEMBER ITA NO. 779/JP/2014 ( A. Y 2009-10) (THROUGH VIDEO CONFEREN CING) THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE-1 JAIPUR (APPELLANT) VS M/S CONSTRUCTIVE FINANCE PVT. LTD., WHITE HOUSE D-23A, INDRAPURI LAL KOTHI, TONK ROAD, JAIPUR (RESPONDENT) APPELLANT BY SH. JAGDISH SINGH, SR. DR RESPONDENT BY SH. MANUK GIRI, ADV ORDER PER SUCHITRA KAMBLE, JM THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER DATED 23/09/2014 PASSED BY CIT(A)- JAIPUR FOR ASSESSMENT YEAR 2009- 10. 2. BEFORE US, THE ASSESSEE HAS MOVED AN APPLICATIO N AND SUBMITTED THAT THE ASSESSEE IS INTERESTED TO RESOLV E THE PENDING ISSUE THROUGH DIRECT TAX VIVAD SE VISHWASH SCHEME (VSV) ACT, 2020, AND HAS FILED DECLARATION FORM NO. 1 & 2 BUT THE AUTHORITIES HAVE NOT YET GRANTED CERTIFICATE IN FORM NO. 3. DATE OF HEARING 09.02.2021 DATE OF PRONOUNCEMENT 09.02.2021 2 ITA NO. 779/JP/2014 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDE RING THE SUBMISSIONS OF THE ASSESSEE, WE DISMISS THE APPEAL OF REVENUE SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATI NG TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPE AL AND THE TRIBUNAL SHALL CONSIDER DIRECTIONS THE APPEAL OF TH E REVENUE IS DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. 5. ORDER IS PRONOUNCED IN THE OPEN COURT IN PRESENC E OF BOTH THE PARTIES ON THIS 09 TH DAY OF FEBRUARY, 2021. SD/- SD/- (R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL M EMBER DATED: 09/02/2021 R. NAHEED COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI