Vitthal Maheshwari (HUF), New Delhi V. ITO WARD - 40(2), New Delhi

ITA 8480/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0103 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 30-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C: NEW DELHI BEFORE, SHRI G. S. PANNU, VICE PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A NO.8480/DEL/2019 (ASSESSMENT YEAR 2015-1 6 ) M/S VITTHAL MAHESHWARI (HUF), D-1/72, RAJASTHALI APPTT., PITAMPURA, NEW DELHI- 110 034. PAN-AAGHV 2012K VS. INCOME TAX OFFICER, WARD-40(2), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY SH. V. RAJ KUMAR, ADV. RESPONDENT BY SH. SH. GAURAV DEDEJA, SR. DR DATE OF HEARING 31.12.2020 DATE OF PRONOUNCEMENT 31.12.2020 ORDER PER G.S.PANNU, VP: THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2015-16 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-14, NEW DELHI D ATED 22.08.2019. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE EMAIL DATED 29.12.2020 HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT). 2 ITA NO.8480 /DEL/2 019 M/S. VITTHAL MAHESHWARI (HUF) VS. ITO 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 AFORESAID ACT, THE APPELLA NT (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 WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSE SSEE IS CONSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMIS SED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 31ST DECEMBER, 2020. SD/- SD/- (K. NARASIMHA CHARY) (G.S.PANNU) JUDICIAL MEMBER VICE PRESIDENT PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI