AD Mega Structure India Pvt. Ltd., New Delhi V. ITO ward-1(1), New Delhi

ITA 8560/DEL/2019

AI Insights

The case involves AD Mega Structure India Pvt. Ltd., the appellant, who filed an appeal against the order of the CIT(A)-1, New Delhi, for the assessment year 2011-12. During the hearing, the counsel for the assessee requested to withdraw the appeal, stating that the assessee opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020, and had obtained Form No.4 from the Department. The Departmental Representative did not object to the withdrawal. The Tribunal allowed the withdrawal of the appeal but noted that the assessee could reinstate the appeal if the dispute was not resolved under the scheme.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115713 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-01-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 31-10-2019
• Laws Referred To: Vivad Se Vishwas Scheme, 2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SHASHWAT BAJPAI; SANJANA SACHDEVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA No.8560/Del/2019 Assessment Year: 2011-12 AD Mega Structure India Pvt. Ltd., 5, Sainik Farms, South Delhi, New Delhi. PAN: AAJCA1238J Vs. ITO, Ward-1(1), New Delhi. (Appellant) (Respondent) Assessee by : Dr. Shashwat Bajpai, Shri Akshay & Ms Sanjana Sachdeva, Advocate Revenue by : Shri Kanav Bali, Sr. DR Date of Hearing : 19.01.2023 Date of Pronouncement : 19.01.2023 ORDER PER C.M. GARG, JM: This appeal has been filed by the assessee against the order of the CIT(A)-1, New Delhi, dated 06.08.2019 for AY 2011-12. 2. The ld. Counsel for the assessee, at the time of hearing, sought withdrawal of the appeal filed by the assessee stating that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020. The assessee has obtained Form No.4 also from the Department, a copy of which is placed on record. He accordingly submitted that this appeal may be allowed to be withdrawn. ITA No.8560/Del/2019 2 3. In absence of any objection from the side of the ld. DR, the request of the assessee for withdrawal of the appeal is allowed. 4. However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Scheme, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. The Revenue has no objection with regard to the aforesaid caveat. 5. In view of the aforesaid, the appeal is treated as dismissed for statistical purposes only. Order pronounced in the open court on 19.01.2023. Sd/- Sd/- (PRADIP KUMAR KEDIA) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 19 th January, 2023. dk Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi