M/S. ELDECO INFRASTRUCTURE & PROPERTIES LTD.,NEW DELHI vs. DCIT, NOIDA

आयकर अपीलीय अिधकरण
िदʟी पीठ “बी”, िदʟी
ŵी िवकास अव̾थी, Ɋाियक सद˟ एवं
ŵी अवधेश कुमार िमŵा, लेखाकार सद˟ के समƗ

IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH “B”, DELHI
BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER &
SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER
आअसं.3405/िदʟी/2017(िन.व. 2008-09)
Eldeco Infrastructure & Properties Ltd.,
201-212, Splendor Forum, 2nd floor,
Jasola District Centre, New Delhi 110025
PAN: AAACE-8177-D

...... अपीलाथᱮ/Appellant
बनाम Vs.

Additional Commissioner of Income Tax,
Range-11, New Delhi,
(Present Juri iction with DCIT, Central Circle, Noida) ..... ᮧितवादी/Respondent

Assessee by : Ms. Manisha Sharma, Advocate
Department by : Shri Ashish Tripathi, Sr. DR

सुनवाई कᳱ ितिथ/ Date of hearing

:
14/02/2025

घोषणा कᳱ ितिथ/ Date of pronouncement :
:
14/02/2025
आदेश/ORDER

PER VIKAS AWASTHY, JM:

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-I, (hereinafter referred to as 'the CIT(A)') dated
31.03.2017, for assessment year 2008-09. 2. The ld. Counsel of the assessee submits that the assessee has settled the dispute in appeal under Vivad Se Vishwas Scheme 2024 (in Short ‘VSVS’). She furnished application dated 04.02.2025 for withdrawal of appeal along with copy

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of Form No. 2 issued under VSVS. The ld. Counsel prayed that the assessee may be permitted to withdraw the appeal.
3. In light of, the prayer made by ld. Counsel for the assessee vide application
(supra), the appeal of the assessee is dismissed as withdrawn.
4. Liberty is granted to the assessee to revive 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].
5. In the result, appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on Friday the 14th day of February,
2025. (AVDHESH KUMAR MISHRA)
(VIKAS AWASTHY)
लेखाकार सद᭭य/ACCOUNTANT MEMBER
᭠याियक सद᭭य/JUDICIAL MEMBER
िदʟी/Delhi, ᳰदनांक/Dated 14/02/2025

NV/-

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ᮧितिलिप अᮕेिषतCopy of the Order forwarded to :
1. अपीलाथᱮ/The Appellant ,
2. ᮧितवादी/ The Respondent.
3. The PCIT
4. िवभागीय ᮧितिनिध, आय.अपी.अिध., िदʟी /DR, ITAT, िदʟी
5. गाडᭅ फाइल/Guard file.

BY ORDER,
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(Dy./Asstt.