DCIT, Circle-25(1), New Delhi V. The State Trading Corporation India Ltd., New Delhi

ITA 8714/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2322 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 06-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘H’ : NEW DELHI) BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.8714/Del/2019 (Assessment Year : 2013-14) DCIT, Circle 25(1), New Delhi Vs. M/s. The State Trading Corporation India Ltd. Jawahar Vyapar Bhawan, Tolstoy Marg, New Delhi PAN : AAACT0102F (APPELLANT) (RESPONDENT) Revenue by Sh. M. Baranwal, Sr. DR Assessee by None Date of hearing: 28.06.2022 Date of Pronouncement: 28.06.2022 ORDER PER ANUBHAV SHARMA, JM: This appeal has been preferred by the Revenue against the appellate order dated 30.08.2019 u/s 250(6) of the Income Tax Act, 1961 (hereinafter referred to as “The Act”) passed by Commissioner of Income Tax (Appeals)- 9, New Delhi being appeal no. 9/10047/2019-20 . ITA No. 8714/Del/2019 The State Trading Corp. of India 2 2. Heard and perused the record. An application has been filed for withdrawal of the appeal by the Assessee, in furtherance of settlement arrived under The Direct Tax Vivad Se Vishwas Act, 2020 (The Act of 2020). 3. On behalf of the Assessee, Form 5 under the Act of 2020 has been placed on record. 4. The sub section (2) of section 4 of the Act of 2020 provides that on issuance of certificate under sub section (1) of section 5 by the designated authority the appeal pending before this tribunal shall be deemed to have been withdrawn from the date on which the said certificate is issued. 5. In the light of aforesaid, the appeal in hand stands dismissed. 6. However, 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 Act of 2020, the Revenue shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application, appropriately as per law. Order pronounced in the open court on 28 th June, 2022. Sd/- Sd/- (ANIL CHATURVEDI) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 28 .06.2022 *Binita, SR.P.S* Copy forwarded to: 1. Appellant ITA No. 8714/Del/2019 The State Trading Corp. of India 3 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI