MUZAFFARNAGAR DISTRICT COOPERATIVE BANK LTD., MUZAFFARNAGAR V. ACIT, CIRCLE- 1 , MUZAFFARNAGAR

ITA 8324/DEL/2018

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 1938 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 27-08-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 30-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. SAKTIJIT DEY, VICE PRESIDENT AND SH. PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA No.8324/Del/2018 (Assessment Year : 2012-13) Muzaffarnagar District Cooperative Bank Ltd. C/o. Anil Deep and Company, 41/85, Sadar Bazar, Muzaffarnagar - 01 PAN No. AAAAM 4327 P Vs. ACIT Circle – 1 Muzaffarnagar (APPELLANT) (RESPONDENT) Assessee by Shri Sankalp Malik, Adv. Revenue by Ms. Smita Singh, Sr. D.R. Date of hearing: 28.08.2023 Date of Pronouncement: 28.08.2023 PER PRADIP KUMAR KEDIA, AM : The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income tax (Appeals) - Muzaffrnagar (‘CIT(A)’ in short), dated 27.09.2018 concerning Assessment Year 2012-13. 2. The Counsel for the assesse has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefit of ‘Vivad-se-Vishwas Scheme, 2020’ (VSV). As per letter dated 27.08.2023 filed by Counsel for the assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of ITA No.8324/Del/2018 Muzaffarnagar District Cooperative Bank Ltd. vs ACIT 2 option for availing VSV Scheme and consequently requested that application for withdrawal of appeal may please be granted. 3. The Learned Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee. 4. In the light of requests made on behalf of the captioned party, the appeal is dismissed as withdrawn, However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at seek restoration of original appeal for hearing before ITAT in accordance with law. 5. In the result, the captioned appeal is dismissed as withdrawn. Order was pronounced in the open court on 28.08.2023 Sd/- Sd/- (SAKTIJIT DEY) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 28.08.2023 Priti Yadav* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI