DCIT, CIRCLE- 7(1), NEW DELHI vs. DLF COMMERCIALS DEVELOPERS LTD., NEW DELHI

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ITA 4160/DEL/2017Status: DisposedITAT Delhi22 February 2021AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn, subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas scheme, the Revenue can seek reinstitution of the appeal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2007-08. The assessee subsequently opted for the Vivad Se Vishwas scheme and filed the necessary declaration and undertaking.

What were the issues?

The primary issue was the withdrawal of the Revenue's appeal due to the assessee's opting for the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. ANIL CHATURVEDI & SH. SUDHANSHU SRIVASTAVA

For Appellant: Shri Satyajeet Goel, C.A
For Respondent: Ms. Nidhi Srivastava, CIT-DR
Hearing: 22/02/2021Pronounced: 22/02/2021

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) Assessment Year : 2007-08 DCIT Vs. DLF Commercials Circle – 7(1) Developers Ltd., New Delhi 9th Floor, DLF Centre, Sansad Marg, New Delhi PAN : AABCD 4619 C (APPELLANT) (RESPONDENT) Assessee by Shri Satyajeet Goel, C.A. Revenue by Ms. Nidhi Srivastava, CIT-DR Date of hearing: 22/02/2021 Date of Pronouncement: 22/02/2021 ORDER PER SUDHANSHU SRIVASTAVA, JM:

This appeal filed by the Revenue is directed against the order dated 29.03.2017 of the Commissioner of Income Tax (Appeals)-3, Delhi relating to Assessment Year 2007-08.

2.

Before us, assessee has moved an application dated 20.02.2021 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-

DCIT vs. DLF Commercials Developers Ltd A.Y. 2007-08 2 1) and undertaking (Form-2) Scheme and seeking for withdrawal of appeal to which Learned DR has not objected.

3.

After considering the request made by the assessee, we dismiss the appeal of Revenue as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the Revenue shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. With these directions, appeal of the Revenue is dismissed as withdrawn.

4.

In the result, appeal of the Revenue is dismissed.

Order pronounced in the open court on 22.02.2021, immediately after conclusion of the hearing of the matter in virtual mode.

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