M.S. Capital & Management Services Ltd., New Delhi V. ITO, New Delhi

MA 210/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3411 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2002-2003
• Appeal Filed On: 23-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH -FRIDAY NEW DELHI BEFORE SHRI R.IC. PANDA, ACCOUNTANT MEMBER AND * SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) M/S M.S. CAPITAL & MANAGEMENT VS. ITO, WARD 6(1), SERVICES LTD., NEW DELHI 108, DUA BUSINESS CENTRE, DA-4, VIKAS MARG, SHAKARPUR, DELHI - 92 (PAN: AAACM6544L) (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. ARVIND KUMAR, ADV. DEPARTMENT BY : SHRI RAJESH KUMAR DHANESTA, SR.DR M.A. NO. 210/DEL/2019 IN ITA NO. 1358/DEL/2011 A.Y.: 2002-03 DATE OF HEARING : 23.04.2021 DATE OF PRONOUNCEMENT: 23.04.2021 / ORDER PER R.K. PANDA. AM THE ASSESSE VIDE LETTER DATED 23.3 2021 HAS SOUGHLRPIERMISSION OF THE BENCH TO WITHDRAW, THE* MISC. APPLICFONJO, 210/DEL/20T9 BFR STATING AS UNDER: - / 'THE REGISTRAR, INCOME TAX APPELLATE TRUIBUNA, DELHI NEW DELHI SIR SUBJECT: APPEAL NO. INTIMATION FOR WITHDRAWAL OF MISCELLANEOUS APPLICATION N. 210/DEL/2019 FILED UNDER SECTION A S 2 L F THG LT'* ACT' 1961 IN ITA NO. 1358/DEL/2011 FOR AY 2002-03 IN CASE OF M/S MS AAACM6544L0MANAGEMENT SERVICSE LIMITED (PAN IT A NO. 1358/DE//2011 BEFORE E BENCH, IT AT, DELHI (IN MA NO. 210/DEL/2019) 1. THE APPELLANT ABOVE, BEARING PAN AAACM6544L HAS FILED MA NO. 210/DEL/2019 ON 23.3.2017. THE SAID MA WAS FIXED FOR HEARING ON 18.8.2017, ON WHICH DATE IT WAS ADJOURNED TO 6.10.2017. THE HON'BLE BENCH HOWEVER DID NOT SIT FOR HEARING ON 6.10.2017 AND THEREFORE THE SAID MA IS PENDING HEARING. THAT IN VIEW OF THE PROVISIONS FOR SETTLEMENT OF THE DISPUTE THE SAID APPELLANT FILED AN APPLICATION UNDER 'THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020' ON 17.2.2021, 4 'BEFORE; M%QKESIGNATED AUTHORITY UNDER THE SAID ACT, WHICH HAS SINCE BE <=JG REJECTED. THE APPELLANT CONSEQUENTLY HAS HELD WRIT PTITFON (CIVIL) 3598/2021 AGAINST THE ORDER OF 3. REJECTION OF THE APPLICATION FILED BY THE SAID M/S MS CAPITAL MANAGEMENT SERVICES LIMITED, BEFORE THE HON'BLE HIGH COURT OF DELHI. THE HON'BITS HIGH COURT HAS VIDE ORDER DATED 19.3.2021 (COPY ENCLOSED) HAS ORDERED THE PETITIONER THEREIN TO WITHDRAW THE ABOVE SAID MA FILED BEFORE THE LD. IT AT, DELHI, BY WAY OF FILING A TETTER OF WITHDRAWAL. IN TERMS OF THE DIRECTIONS OF THE HON'BLE HIGH COURT OF DELHI THE APPELLANT COMPANY HEREBY SEEKS TO WITHDRAW THE MA, AS AFORESAID. NECESSARY ORDER IN THIS REGARD MAY KINDLY BE PASSED AND A COPY THEREOF PROVIDED TO THE APPELLANT COMPANY, SO THAT THE SAME COULD BE FILED BEFORE THE HON'BLE HIGH COURT BEFORE THE NEXT DATE OF EHARING WHICH IS 26.03.2021. THANKING YOU, FOR M/S M.S. CAPITAL AND MANAGEMENT SERVICES LIMITED YOURS FAITHFULLY, SD /- 3 SAN JAY RASTOGI, (DIRECTOR) / PLACE : NEW DELHI DATE: 23.03.2021 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE ASSESSEE WANTS TO OPT THE VIVAD SE VISHWAS SCHEME, 2020, THEREFORE, NECESSARY ORDER SHOULD BE PASSED. 3. LD. SR. DR HAS NO OBJECTION. 4. IN VIEW OF THE SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSESSEE AS CONTAINED IN THE AFORESAID APPLICATION FOR WITHDRAWAL, THE SAME IS ACCEPTED AND THE MISC., APPLICATION FILED BY THE ASSESSEE IS ALLOWED TO BE WITHDRAWN. 4. IN THE RESULT, THE MISC. APPLICATION FILED BY THE ASSESSEE STANDS DISMISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOTH THE PARTIES IN THE OPEN COURT ON CONCLUSION OF VIRTUAL HEARING ON 23RD APRIL, 2021 A COPY FORWARDED TO: - - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT ' TRUE COPY L L, [KULDIP SINGH] JUDICIAL MEMBER [R.KPANDA] ACCOUNTANT MEMBER DATE: 23.04.2D21