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Income Tax Appellate Tribunal - Delhi

Cee Pee Creations Pvt. Ltd., New Delhi vs Ito Ward-5(4), New Delhi on 26 April, 2022

      IN THE INCOME TAX APPELLATE TRIBUNAL
            DELHI BENCH 'G', NEW DELHI

BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER
     AND SH. KUL BHARAT, JUDICIAL MEMBER

                ITA Nos. 9720 /Del/2019
              (Assessment Year : 2011-12)
BS Infrasoft (P) Ltd.        Vs. ACIT(OSD)
C/o RRA TAX INDIA D-28,          Ward - 5(2)
South Extn. Part - 1,            New Delhi
New Delhi - 110 034

PAN No. AADCB 7644 R
(APPELLANT)                       (RESPONDENT)
                           And
                 ITA No. 7421/Del/2019
              (Assessment Year : 2008-09)
Cee Pee Creations Pvt. Ltd. Vs. ITO
D-28, South Extension,          Ward - 5(4)
Part-1, New Delhi -110 049      New Delhi

PAN No. AACCC 7684 D
(APPELLANT)                       (RESPONDENT)


Assessee by              Shri Deepesh Garg, Adv.
Revenue by               Shri Umesh Takyar, Sr. D.R.

Date of hearing:                26.04.2022
Date of Pronouncement:          26.04.2022
                                     2


                                    ORDER

PER KUL BHARAT, JM :

Both the appeals filed by the assessee are directed against the orders dated 31.10.2019 and 31.07.2019 of the Commissioner of Income Tax (Appeals)-2, New Delhi relating to Assessment Years 2011-12 and 2008-09.

2. Before us, assessee has moved an application wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-1) and undertaking (Form-2) Scheme and department had issued Form-5. The assessee therefore seeks to withdraw the appeals, to which the Revenue has no objection.

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 After considering the request made by the assessee, we dismiss the appeals of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years is not ultimately resolved in terms of the aforesaid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 With these directions, appeals of the assessee are dismissed as withdrawn.

4. In the result, both the appeals of the assessee are dismissed.

Order pronounced in the open court on 26.04.2022, immediately after conclusion of the hearing of the matter in virtual mode.

                 Sd/-                         Sd/-
          (ANIL CHATURVEDI)              (KUL BHARAT)
         ACCOUNTANT MEMBER             JUDICIAL MEMBER
Date:-   26.04.2022
PY*
Copy forwarded to:
1.       Appellant
2.       Respondent
3.       CIT
4.       CIT(Appeals)
5.       DR: ITAT
                                                 ASSISTANT REGISTRAR
                                                       ITAT NEW DELHI