ITO, New Delhi V. M/s. Sach Realtors Pvt. Ltd., New Delhi

ITA 998/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6924 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 26-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NIDHI SRIVASTAVA
• Section: 13; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH B BB B : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU, ,, , VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI MAHAVIR PRASAD MAHAVIR PRASAD MAHAVIR PRASAD MAHAVIR PRASAD, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 998 998 998 998 /DEL/20 /DEL/20 /DEL/20 /DEL/20 1 11 1 6 66 6 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : 2 : 2: 2 : 2 0 00 0 12 1212 12 - -- - 13 1313 13 INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, WARD WARD WARD WARD- -- -22( 22( 22( 22(1), 1),1), 1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. M/S SACH REALTORS PVT.LTD., M/S SACH REALTORS PVT.LTD., M/S SACH REALTORS PVT.LTD., M/S SACH REALTORS PVT.LTD., N NN N- -- -130, 1 130, 1 130, 1 130, 1 ST STST ST FLOOR, SECTOR FLOOR, SECTOR FLOOR, SECTOR FLOOR, SECTOR- -- -1, 1,1, 1, DSIDC BHAWAN, DSIDC BHAWAN, DSIDC BHAWAN, DSIDC BHAWAN, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : AAKCS0539H. PAN : AAKCS0539H. PAN : AAKCS0539H. PAN : AAKCS0539H. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : MS. NIDHI SRIVASTAVA, CIT - DR. DATE OF HEARING : 2 22 27 77 7.01.2021 .01.2021 .01.2021 .01.2021 DATE OF PRONOUNCEMENT : 27 2727 27.01 .01.01 .01. .. .2021 2021 2021 2021 ORDER ORDER ORDER ORDER PER MAHAVIR PRASAD, JM PER MAHAVIR PRASAD, JM PER MAHAVIR PRASAD, JM PER MAHAVIR PRASAD, JM : :: : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2012-13 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-28, NE W DELHI DATED 28 TH DECEMBER, 2015. 2. NOBODY APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF VIRTUAL HEARING BEFORE US. THE LEARNED COUNSEL FOR THE ASS ESSEE, VIDE LETTER DATED 25 TH JANUARY, 2021 HAS SUBMITTED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHE ME, 2020. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF TH E DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN RECEIVED FROM THE D EPARTMENT. FURTHER, THE ASSESSEE HAS SOUGHT TIME TO COMPLETE T HE PROCESS OF PREPARATION AND FILING OF THE WITHDRAWAL APPLICATIO N. HOWEVER, ITA-998/DEL/2016 2 CONSIDERING THE FACT THAT THE ASSESSEE HAS ALREADY RECEIVED THE CERTIFICATE UNDER SECTION 5(1) OF THE DIRECT TAX VI VAD SE VISHWAS ACT, 2020, WE ARE OF THE VIEW THAT NO USEFUL PURPOSE WOU LD BE SERVED BY ADJOURNING THE MATTER. THEREFORE, WITH THE CONSENT OF THE LEARNED SENIOR DR, WE PROCEEDED TO HEAR AND DECIDE THE MATT ER EX-PARTE QUA THE ASSESSEE-RESPONDENT. 3. IN VIEW OF THE SUBMISSIONS MADE BY THE LEARNED C OUNSEL FOR THE ASSESSEE IN HIS APPLICATION DATED 25 TH JANUARY, 2021, LEARNED SENIOR DR HAS NO OBJECTION IN DISMISSING THE APPEAL OF THE RE VENUE. 4. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN, AS HAVING BECOME INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED AS WITHDRAWN. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 27 TH JANUARY, 2021. SD/- SD/- (G.S. PANNU (G.S. PANNU (G.S. PANNU (G.S. PANNU ) )) ) (MAHAVIR PRASAD (MAHAVIR PRASAD (MAHAVIR PRASAD (MAHAVIR PRASAD ) )) ) VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR