ACIT, Circle-16(2), New Delhi V. Mars International India Pvt. Ltd., Delhi

ITA 9001/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1248 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I1
• Assessment Year: 2007-2008
• Appeal Filed On: 18-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Assessee Lawyers: SHUBHANGI ARORA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I-1’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA Nos. 9001 & 9002/Del/2019 (Assessment Years : 2007-08 & 2008-09) ACIT Circle – 16(2) New Delhi PAN No. AAACE 6794 J Vs. Mars International India Pvt. Ltd. 4658-A, No.21, Ansari Road, Darya Ganj, New Delhi-110 002 (APPELLANT) (RESPONDENT) Assessee by Ms. Shubhangi Arora, AR Revenue by Shri Surender Pal, CIT (DR) Date of hearing: 25.05.2022 Date of Pronouncement: 25.05.2022 ORDER PER BENCH : Both the appeals filed by the Revenue are directed against the order of the Commissioner of Income Tax (Appeals) – 44, New Delhi dated 30.08.2019 relating to Assessment Years 2007-08 & 2008-09. 2. Before us, assessee has moved an application dated 23.05.2022 wherein the assessee has stated that it has opted for 2 Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form- 1) and undertaking (Form-2) Scheme and department had issued Form-5. The assessee therefore seeks to withdraw the appeals, to which the Revenue has no objection. 3. After considering the request made by the assessee, we dismiss the appeals of the Revenue as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. With these directions, both the appeals of the Revenue are dismissed as withdrawn. 4. In the result, both the appeals of the Revenue are dismissed. Order pronounced in the open court on 25.05.2022, immediately after conclusion of the hearing of the matter in virtual mode. Sd/- Sd/- (CHALLA NAGENDRA PRASAD) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 25.05.2022 PY* Copy forwarded to: 1. Appellant 3 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 25.05.2022 Date on which the typed draft is placed before the dictating Member 25.05.2022 Date on which the approved draft comes to the Sr.PS/PS 25.05.2022 Date on which the fair order is placed before the Dictating Member for Pronouncement 25.05.2022 Date on which the fair order comes back to the Sr. PS/ PS 25.05.2022 Date on which the final order is uploaded on the website of ITAT 25.05.2022 Date on which the file goes to the Bench Clerk 25.05.2022 Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order