K.V.FINLEASE PVT. LTD.,,NEW DELHI vs. PR. CIT., NEW DELHI

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ITA 5579/DEL/2018Status: DisposedITAT Delhi30 May 2022AY 2008-092 pages

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Income Tax Appellate Tribunal, DELHI BENCH: ‘C’ NEW DELHI

Before: SHRI SAKTIJIT DEY & SHRI PRADIP KUMAR KEDIA

For Respondent: Ms. Anupama Singla, Sr. DR
Hearing: 30.05.2022Pronounced: 30.05.2022

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘C’ NEW DELHI

BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER

ITA No.5579/Del/2018 Assessment Year: 2008-09 M/s. K.V. Finlease Pvt. Ltd., Vs. Pr. CIT, 432, Deepali Enclave, New Delhi Pitampura, New Delhi PAN :AABCK9449H (Appellant) (Respondent)

Appellant by Sh. Subham Jain, CA Respondent by Ms. Anupama Singla, Sr. DR Date of hearing 30.05.2022 Date of pronouncement 30.05.2022

ORDER PER SAKTIJIT DEY, JM:

This is an appeal by the assessee against order dated

10.07.2018 of learned Principal Commissioner of Income Tax

(PCIT)-5, Delhi, passed under section 263 of the Income-tax Act,

1961 (for short ‘the Act’) for the assessment year 2008-09.

2.

Learned Authorized Representative of the assessee, on

instruction, sought permission to withdraw the present appeal as

the assessee has opted to settle the dispute arising in the appeal

under the Direct Tax Vivad Se Vishwas Act, 2020. In fact, letter

ITA No. 5579/Del/2018 AY: 2008-09

dated 28.05.2022 of the assessee, enclosing declaration filed

under Vivad Se Vishwas Scheme and Form 5 issued by the

designated authority have been furnished before the Bench.

3.

Learned Departmental Representative has no objection to

the withdrawal of the appeal by the assessee.

4.

Having considered the submissions of the parties, we find

that accepting assessee’s declaration under the Direct Tax Vivad

Se Vishwas Act, 2020, the designated authority has issued Form

5 on 27th December, 2021. Thus, for all practical purposes, the

dispute arising in the appeal stands settled. That being the

factual position emerging on record, we permit the assessee to

withdraw the present appeal. Accordingly, appeal is dismissed as

withdrawn.

5.

In the result, appeal is dismissed.

Order pronounced in the open court on 30th May, 2022

Sd/- Sd/- (PRADIP KUMAR KEDIA) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 30th May, 2022. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 2 | P a g e