BSSBUILDCON P.LTD,NEW DELHI vs. ITO, WARD-5(2), NEW DELHI

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ITA 6409/DEL/2018Status: HeardITAT Delhi13 January 2025AY 2013-14Bench: SHRI VIKAS AWASTHY (Judicial Member)3 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal. Liberty was granted to revive the appeal if the VSVS application fails to mature.

What were the facts?

The assessee's counsel informed the tribunal that the assessee had opted to settle the issue under the VSVS 2024 scheme. A copy of Form No. 1 was filed, and Form No. 2 from the department was awaited.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for a settlement scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC”, DELHI

Hearing: 13/01/2025

(A.Y.2013-14) BSS Buildcon Pvt. Ltd., M-133, Greater Kailash, Part-II, New Delhi 110048 ...... अपीलाथ�/Appellant PAN: AACCB-6435-F बनाम Vs. Income Tax Officer, Ward 5(2), R. No. 379, C.R Building, ..... �ितवादी/Respondent I.P Estate, New Delhi अपीलाथ� �ारा/ Appellant by : Shri Devirat Tiwari, Advocate �ितवादी�ारा/Respondent by : Shri Sanjay Kumar, Sr. DR सुनवाई क� ितिथ/ Date of hearing : 13/01/2025 घोषणा क� ितिथ/ Date of pronouncement : : 13/01/2025 आदेश/ORDER

PER VIKAS AWASTHY, JM:

1.

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-13, (hereinafter referred to as 'the CIT(A)') dated 17.08.2018, for assessment year 2013-14.

2.

The counsel for the assessee stated at Bar that the assessee has opted to settle the issue in appeal under VSVS 2024. He placed on record copy of Form No. 1 filed under the scheme and submitted that Form No. 2 from the Department is awaited. He prayed for withdrawing the appeal.

(AY 2013-14) 3. The assessee is allowed to withdraw the appeal as prayed for.

4.

Liberty is granted to the assessee to revive the appeal in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /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 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].

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