DCIT, Central Circle-1, Noida V. Sutar Buildcon Pvt. Ltd., New Delhi

ITA 9041/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1501 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 21-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO.9041/DEL/2019 ASSESSMENT YEAR : 2012-13 DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, NOIDA VS. M/S SUTAR BUILDCON PVT. LTD., R/O HARSHA CORNER COMPLEX, GHAZIPUR, NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. R.K. GUPTA, SR. DR RESPONDENT BY : MS. TIMSI SHARMA, CA DATE OF HEARING : 15.04.2021 DATE OF PRONOUNCEMENT : 15.04.2021 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2012-13 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-IV, KANPUR DATED 07.08.2019. . 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE LETTER DATED 08.01.2021, HAS REQUESTED FOR DISMISSAL OF THE APPEALS FILED BY THE REVENUE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEARS UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, ITA-9041/DEL/2019 2 2020. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FILED. THE APPLICANT HAS ALSO PLACED ON RECORD A COPY OF CHALLAN DATED 18.03.2021 (SR. NO.23782) EVIDENCING PAYMENT RS.36,50,063/-, THE AMOUNT DETERMINED AS PAYABLE IN FORM NO.3 (WHICH IS ON RECORD). 3. LEARNED SENIOR DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEE FOR DISMISSAL OF APPEAL. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ABOVE DECISION WAS PRONOUNCED ON CONCLUSION OF VIRTUAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 15.04.2021. SD/- SD/- (KUL BHARAT) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT SH COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR