Nihit Trading Private Limited, Delhi V. ITO, ward-18(2), New Delhi

ITA 7846/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4234 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 26-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 1 : NEW DELHI BEFORE SHRI BHAVNESH SAINI , JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 7846/DEL/2019 (ASSESSMENT YEAR: 2010 - 11 ) NIHIT TRADING PRIVATE LIMITED, 51, SHARDHANAND MARG, DELHI PAN: AACCN1356D VS. ITO, WARD - 18(2), NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RAKESH KUMAR DHAWAN, ACCOUNTANT ON BEHALF OF SHRI M. L. MUTNEJA, CA REVENUE BY: MS. RAKHI VIMAL, SR. DR DATE OF HEARING 06/10 / 2020 DATE OF PRONOUNCEMENT 2 3 / 10 / 2020 O R D E R PER PRASHANT MAHARISHI, A. M. 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD CIT(A) - 37, NEW DELHI DATED 29.07.2019 FOR THE ASSESSMENT YEAR 2010 - 11 CHALLENGING THE REOPENING OF THE ASSESSMENT AS WELL AS ADDITION MADE BY THE LD AO MADE ON ACCOUNT OF CLIENT CODE OF MODIFICATION CONFIRMED BY THE LD CIT(A). 2. AT THE TIME OF HEARING THE LD AR SUBMITTED THAT THE ASS ESSEE HAS ALREADY FILED AN APPLICATION FOR SETTLING THE DISPUTE IN VIVAD SE VISWAS SCHEME ON 21.03.2020. FORM NO . 3 IS AWAITED. COPY OF THE RELEVANT DECLARATION FILED BY THE ASSESSEE WAS ALSO ATTACHED. 3. THE LD DR SUBMITTED THAT FORM NO. 3 IS YET TO BE ISSU ED IN THIS CASE. 4. IN VIEW OF THE ABOVE FACTS , AS THE ASSESSEE HAS ALREADY FILED DECLARATION IN VIVAD SE VISWAS SCHEME FOR SETTLING THE DISPUTE , APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN AND LIBERTY IS GIVEN TO THE REVENUE THAT IN CASE FORM NO. 3 IS NOT ISSUED , THEN TO MAKE A SUITABLE APPLICATION FOR RE CALL OF THE APPEAL . 5. ACCORDINGLY, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN ORDER PRONOUNCED IN THE OPEN COURT ON 2 3 / 10 / 2020 . - SD/ - - SD/ - ( BHAVNESH SAINI ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER PAGE | 2 DATED : 2 3 / 10 / 2020 A K KEOT COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI