JT. COMMISSIONER OF INCOME TAX(OSD), JHANDEWALAN, DELHI V. AAMBY VALLEY CITY LTD. , MAHARASHTRA

ITA 1261/DEL/2024

AI Insights

The case involves cross appeals by Aamby Valley Ltd. and the Income Tax Department concerning the assessment year 2012-13. The appeals were directed against the order of the Commissioner of Income Tax (Appeals)-23, New Delhi. The assessee, Aamby Valley Ltd., opted to settle the dispute under the Vivad Se Vishwas Scheme 2024, leading to the withdrawal of its appeal. The Department did not object to this withdrawal but sought the liberty to revive its appeal if the settlement under VSVS fails.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 298880 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Other Referred Cases: M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon'ble Madras High Court
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR DHANESHTA
• Assessee Lawyers: ARPIT GOEL; CHARTERED ACCOUNTANT

Judgement Text

"आयकर अपीलीय अिधकरण िदʟी पीठ “ए”, िदʟी ŵी िवकास अव̾थी, Ɋाियक सद˟ एवं ŵी अवधेश क ुमार िमŵा, लेखाकार सद˟ क े समƗ IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER आअसं.1443/िदʟी/2024(िन.व. 2012-13) ITA No. 1443/DEL/2024 (A.Y.2012-13) Aamby Valley Ltd., Hotel Sahara Star, Opposite Domestic Airport, Vile Parle East, Maharashtra-400099 PAN: AAGCA-0045-C ...... अपीलाथᱮ/Appellant बनाम Vs. Deputy Commissioner of Income Tax, Central Circle-1, Room No.334, E-2, Ara Centre, Jhandewalan Extension, New Delhi 110055 ..... ᮧितवादी/Respondent आअसं.1261/िदʟी/2024(िन.व. 2012-13) ITA No. 1261/DEL/2024 (A.Y.2012-13) Joint Commissioner of Income Tax, OSD Central Circle-01, r.No. 328, E-2, ARA Centre, Jhandewalan Extn. Delhi 110055 ...... अपीलाथᱮ/Appellant बनाम Vs. Aamby Valley Ltd., Hotel Sahara Star, Opposite Domestic Airport, Vile Parle East, Maharashtra-400099 PAN: AAGCA-0045-C ..... ᮧितवादी/Respondent Assessee by : Arpit Goel, Chartered Accountant Department by : Shri Rajesh Kumar Dhaneshta, Sr. DR सुनवाई कᳱ ितिथ/ Date of hearing : 04/04/2025 घोषणा कᳱ ितिथ/ Date of pronouncement : : 04 /04/2025 2 ITA Nos.1443 & 1261/Del/2024 (AY 2012-13) आदेश/ORDER PER VIKAS AWASTHY, JM: These cross appeals for assessment year 2012-13 by the assessee and Revenue are directed against the order of Commissioner of Income Tax (Appeals)- 23, New Delhi (hereinafter referred to as ‘the Act’) dated 31.01.2024. 2. The ld. Counsel of the assessee submits that the assessee has settled the dispute in both appeals under Vivad Se Vishwas Scheme 2024 (in Short ‘VSVS’). He furnished application dated 01.04.2025 for withdrawal of assessee’s appeal along with copy of Form No. 1 & 2 issued under VSVS. 3. Shri Rajesh Kumar Dhaneshta representing the department submitted that, he has no objection in assessee withdrawing its appeal after settling the dispute under VSVS, however, the Department may be given liberty to revive the appeal in ITA No. 1261/DEL/2024 in the event application filed by the assessee under VSVS fails to mature for any reason. 4. In light of the prayer made by the assessee in application (supra), the appeal of the assessee in ITA No. 1443/Del/2024 is dismissed as withdrawn and appeal by the Department in ITA No. 1261/Del/2024 becomes infructuous, hence, is dismissed as such. 5. Liberty is granted to the assessee/department to revive there respective appeal in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in 3 ITA Nos.1443 & 1261/Del/2024 (AY 2012-13) communication of outcome under VSVS. [Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court]. 6. In the result, appeal of the assessee in ITA No. 1443/Del/2024 is dismissed as withdrawn and appeal of the Revenue in ITA No. 1261/Del/2024 is dismissed as infructuous. Order pronounced in the open court on Friday the 04th day of April, 2025. Sd/- Sd/- (AVDHESH KUMAR MISHRA) (VIKAS AWASTHY) लेखाकार सद᭭य/ACCOUNTANT MEMBER ᭠याियक सद᭭य/JUDICIAL MEMBER िदʟी/Delhi, ᳰदनांक/Dated 04/04/2025 NV/- ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ/The Appellant , 2. ᮧितवादी/ The Respondent. 3. The PCIT/CIT(A) 4. िवभागीय ᮧितिनिध, आय.अपी.अिध., िदʟी /DR, ITAT, िदʟी 5. गाडᭅ फाइल/Guard file. 4 ITA Nos.1443 & 1261/Del/2024 (AY 2012-13) BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, DELHI "