ACIT, Circle-7(1), New Delhi V. DLF Commercial Developers Ltd., New Delhi

ITA 8694/DEL/2019

AI Insights

The case involves an appeal by the Revenue against DLF Commercial Developers Ltd., concerning the assessment year 2007-08. The assessee opted for the Vivad Se Vishwas (VSV) 2020 scheme, which is a dispute resolution scheme aimed at reducing pending litigation. The assessee filed the necessary declarations and undertakings under this scheme, leading to the issuance of Form No. - 3 by the department. Consequently, the assessee requested to withdraw the appeal, which the Revenue did not object to. The Tribunal, after considering the assessee's request and the provisions of the VSV scheme, dismissed the appeal as withdrawn but allowed for the possibility of reinstatement if the dispute is not resolved as per the scheme.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116016 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-03-2023
• Assessment Year: 2007-2008
• Appeal Filed On: 05-11-2019
• Laws Referred To: Vivad Se Vishwas (VSV) Scheme 2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No. 8694/Del/2019 (Assessment Year : 2007-08) ACIT Circle – 7(1) New Delhi PAN No. AABCD 4619 C Vs. DLF Commercial Developers Ltd. 9 th Floor, DLF Centre, Sansad Marg, New Delhi-110 001 (APPELLANT) (RESPONDENT) Assessee by Shri Satyajeet Goel, C.A. Revenue by Shri Shankar Lal Verma, Sr. D.R. Date of hearing: 28.03.2023 Date of Pronouncement: 28.03.2023 ORDER PER ANIL CHATURVEDI, AM : This appeal filed by the Revenue is directed against the order dated 16.08.2019 of the Commissioner of Income Tax (Appeals)-3, New Delhi relating to Assessment Year 2007-08. 2. Before us, assessee has moved an application dated 28.03.2023 wherein assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form- 1) and undertaking (Form-2) Scheme and department had issued Form No. - 3. The assessee therefore seeks to withdraw the appeal, to which the Revenue has no objection. 2 3. After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, 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. With these directions, appeal of the Revenue is dismissed as withdrawn. 4. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on 28.03.2023 Sd/- Sd/- (NARENDER KUMAR CHOUDHRY) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 28.03.2023 PY* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI