DCIT, Circle-18(1), Delhi V. News 24 Broadcast India Ltd, Noida

ITA 837/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5589 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 03-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI { { BEFORE, SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.837/Del/2019 (ASSESSMENT YEAR 2012-13) Dy.CIT, Circle-18(1), New Delhi Vs. M/s News 24 Broadcast India Limited, FC-23, Sector-16A, Film City, Noida-201 301 Uttar Pradesh PAN-AADCB 1027E (Appellant) (Respondent) Appellant By Sh. Amit Arora, Authorized Representative Respondent by Sh. Narpat Singh, Senior Departmental Representative ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Revenue is filed against the order of Learned Commissioner of Income Tax (Appeals)-28, New Delhi [Ld. CIT(A)”, for short], dated 01.11.2018 for Assessment Year 2012-13. (B) In the course of appellate proceedings in Income Tax Appellate Tribunal (“ITAT”, for short) the Learned Authorized Representative (“Ld. AR”, for short) for the assessee submitted that ITA No.837/Del/2019 DCIT vs. M/s News 24Broadcast India Limited Page 2 of 3 the assessee has opted for Vivad se Vishwas Scheme, 2020 (“VSVS”, for short) and that the Designated Authority has already issued Form-5 under VSVS. A copy of Form-5 issued by the Designated Authority was also filed from the assessee’s side during appellate proceedings in ITAT. At the time of hearing, the Ld. AR submitted that the appeal has become infructuous in view of the assessee opting for VSVS; and that the appeal may be dismissed as withdrawn. Learned Senior Departmental Representative was in agreement with this. After due consideration and in view of the foregoing, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS, and that this appeal may be treated as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed. (B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the disputes under this appeal before us are not settled under the aforesaid VSVS, then Revenue will be at liberty to approach ITAT for restoration of this appeal in accordance with law. ITA No.837/Del/2019 DCIT vs. M/s News 24Broadcast India Limited Page 3 of 3 (C) In the result, this appeal is dismissed. This order was already pronounced orally on 20 th June, 2022 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 20.06.2022. Sd/- Sd/- (SAKTIJIT DEY) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 20.06.2022 Pk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW, DELHI