Neeru Ashish Garg, New Delhi V. ITO WARD - 70(5), New Delhi

ITA 9614/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0262 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2015-2016
• Appeal Filed On: 18-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AN D SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO. 9614/ DEL/2019 ASSESSME NT YEAR 2015-16 NEERU ASHISH GARG, R-562, NEW RAJINDER NAGAR, NEW DELHI-110060 (PAN: AHIPG6452D) VS INCOME TAX OFFICER, WARD 70(5), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SHRI M. BARNWAL, SR. DR DATE OF HEARING : 12.03.2021 DATE OF PRONOUNCEMENT : 12.03.2021 ORDER PER G.S. PANNU, VICE PRESIDENT THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX(A)-28, NEW DELHI DATED 2 6.11.2019 AND PERTAINS TO ASSESSMENT YEAR 2015-16. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE LETT ER DATED 01.03.2021, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL AND STATED T HAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER ITA 9614//DEL/2019 2 CONSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT') AND REQUESTED FOR WITHDRAWAL OF THE SAID APPEAL. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMEN T YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPEL LANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTI ON OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WIT H REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 12 TH MARCH, 2021. SD/- SD/- (K.N. CHARY) ( G.S. PANNU ) JUDICIAL MEMBER VICE PRE SIDENT GS ITA 9614//DEL/2019 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR