Seth Agro Products P.Ltd, New Delhi V. ITO, Ward-23(1), New Delhi

ITA 847/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0779 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 05-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAGDISH SINGH
• Assessee Lawyers: SOUMYA JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AN D SHRI AMIT SHUKLA, JUDICIAL MEMB ER ITA NO. 847/DEL/2019 ASSESSMENT YEAR 2009-10 SETH AGRO PRODUCTS P. LTD., (FORMERLY M/S SETH MANAGEMENT & FINANCIAL SERVICES P. LTD.), 801, 8 TH FLOOR, VISHWA SADAN BUILDING, DISTRICT CENTRE, JANAKPURI, NEW DELHI-110058 (PAN: AAJCS0737N) VS INCOME TAX OFFICER, WARD 23(1), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: MS SOUMYA JAIN, CA RESPONDENT BY: SHRI JAGDISH SIN GH, SR. DR DATE OF HEARING : 14.12.2020 DATE OF PRONOUNCEMENT : 14.12.2020 ORDER PER G.S. PANNU, VICE PRESIDENT THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX(A)-30, NEW DELHI DATED 18.12.2018 AND PERTAINS TO ASSESSMENT YEAR 2009-10. ITA 847/DEL/2019 2 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE LETTE R DATED 04.12.2020 RECEIVED THROUGH EMAIL, HAS REQUESTED FOR WITHDRAW AL OF THE APPEAL FILED BY THE ASSESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSI DERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT'). 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMEN T YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPEL LANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTI ON OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WIT H REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ITA 847/DEL/2019 3 ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 14 TH DECEMBER, 2020. SD/- SD/- (AMIT SHUKLA) ( G.S. PANNU ) JUDICIAL MEMBER VICE PRE SIDENT GS COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR