Capital Automotives Pvt Ltd, New Delhi V. DCIT CIRCLE-5(2), New Delhi

ITA 820/DEL/2020

• Counselvise Citation: [2023] 101 COUNSELVISE.COM (IT) 9371 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-12-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 16-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘B’: NEW DELHI BEFORE, SHRI M. BALAG ANESH, ACCOUNTANT MEMBER And SHRI YOGESH KUMAR US, JUDICIAL MEMBER ITA No.820/DEL/2020 [Assessment Year: 2010-11] Capital Automotive Pvt. Ltd. Basement 16-A, Uday Park 230-E, Masjid Moth, Delhi-110049 Vs DCIT, Circle-5(2), C.R. Building, New Delhi PAN-AADCC0547J Assessee Revenue Assessee by Sh. Saurav Rohatgi, CA Revenue by Sh. Vivek Kumar Upadhyay Date of Hearing 20.12.2023 Date of Pronouncement 21.12.2023 ORDER PER M. B AL AG ANESH AM, This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax (Appeals)-2, New Delhi, [hereinafter referred to as ‘Ld. CIT(A)’, in short] in Appeal No.10250/16-17 of CIT(A)-2, Assessment Year 2010-11, dated 29.09.2017 against the order of assessment passed u/s 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 29.03.2016 by the Deputy Commissioner of Income Tax, Circle-5(2), New Delhi (hereinafter referred to as ‘Ld. AO’). 2 ITA Nos.1130 & 1131/Del/2022 2. We have heard the rival submissions and perused the material available on record. At the outset, we find that the Ld. AR submitted a letter on the previous date of hearing stating that the assessee had already availed Direct Tax Vivad Se Vishwas Scheme and had settled the dispute relatable to this assessment year under consideration. However, Form No.5 to complete the process of Vivad Se Vishwas Scheme had not yet been issued by the Competent Authority. We find that the assessee had expressed its intention to settle the dispute by filing Form No.1 before the Competent Authority under Vivad Se Vishwas Scheme. Hence, we do not deem it fit to keep this file pending with us and proceed to dismiss the appeal of the assessee with liberty given to the assessee that in the event of Vivad Se Vishwas application not being accepted by the Revenue for whatever reasons, this appeal preferred by the assessee shall get restored an an application made by the assessee. With these observations, the grounds raised by the assessee are dismissed. 3. In the result, the appeal of the assessee is hereby dismissed. Order pronounced in the open court on 21 st December, 2023. Sd/- Sd/- (YOGESH KUMAR US) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:21.12.2023 Shek ha r Copy forwarded to: 1. Appellant