ITO WARD - 28(1), New Delhi V. New Friends Club, New Delhi

ITA 9537/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8573 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 13-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-1, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. K. NARASIMHA CHARY, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.9537/DEL/2019 ASSESSMENT YEAR : 2015-16 ITO WARD 28(1), NEW DELHI PAN AAAFN 5180 G VS. NEW FRIENDS CLUB MATHURA ROAD, NEW FRIENDS COLONY, NEW DELHI-110 025 (APPELLANT) (RESPONDENT) A SSESSEE BY SHRI RUPESH AGRAWAL, SR.DR RE VENUE BY -- NONE -- DATE OF HEARING: 2 5 /0 3 /202 1 DATE OF PRONOUNCEMENT: 25 /0 3 /202 1 ORDER PER ANIL CHATURVEDI, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 27.09.2019 OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 10, NEW DELHI PERTAINING TO ASSESSMENT YEAR 2015-16. 2. BEFORE US, ASSESSEE HAS VIDE EMAIL DATED 25 TH MARCH, 2021 SEEKS WITHDRAWAL OF APPEAL AS 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- ITA NO.9537/DEL/2019 A.Y. 2015-16 2 3. THE ASSESSEE THEREFORE SEEKS TO WITHDRAW THE APPEAL, TO WHICH THE REVENUE HAS NO OBJECTION. 3. AFTER CONSIDERING THE REQUEST MADE BY THE ASSESSEE, WE DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID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 WITH THESE DIRECTIONS, APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. 4.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 25.03.2021, IMMEDIATELY AFTER CONCLUSION OF THE HEARING OF THE MATTER IN VIRTUAL MODE. SD/- SD/- (K. NARASIMHA CHARY) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE:- 25.03.2021 PY* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI