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TMI Blog2023 (2) TMI 1056X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentative, in our view, is unfounded. Thus, considering the fact that the dispute between the present appellants and the department qua the issue of taxability of amount received on sale of land has been settled under the Vivad-se-Viswas Scheme, in our view, the present appeals filed both by the assessee and the revenue are of mere academic importance, hence infructuous. Therefore, we dismiss all these appeals. - ITA No. 3098/Del/2017 - - - Dated:- 20-1-2023 - ITA No. 3098/Del/2017, 3099/Del/2017, 3100/Del/2017, 3101/Del/2017, 3050/Del/2017, 3052/Del/2017, 3089/Del/2017, 3090/Del/2017, 3091/Del/2017, 3092/Del/2017, 3053/Del/2017, 3054/Del/2017, 3055/Del/2017, 3093/Del/2017, 3094/Del/2017, 3095/Del/2017, 3096/Del/2017, 3097/Del/2017, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ducted in the office premises of M/s Roots Developers Pvt. Ltd., a company carrying on real estate projects. In course of survey operation, another collaboration agreement dated 17.07.2006 was found. On perusal of the said collaboration agreement, it was found that the present appellants were owners of land measuring 16.46 acres at Village-Fazilpur, Jhasra, Sector-70A, Gurgaon. 3. Through the aforesaid collaboration agreement, the appellants with M/s Roots Developers Pvt. Ltd. intended to develop a group residential housing project and applied for necessary permission from competent authorities. The Directorate of Town Planning, Haryana by order dated 24.12.2007 granted license to the appellants for development of the project. Subsequent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Assessing Officer. However, the Assessing Officer remained unconvinced. Ultimately, he proceeded to complete the assessment in case of the present appellants as well as M/s Roots Developers Pvt. Ltd. in different Assessment Years by making additions as under: Name AY 2007-08 AY 2010-11 AY 2011-12 AY 2012-13 AY 2013-14 Dharampal (HUF) R.IACCEPTED B.I=21,59,72,826 C.G=5,04,85,812 B.I=7,89,86,037 B.I=16,74,56,952 Surander Yadav R.IACCEPTED B.I=2,87,18,749 C.G=94,91,400 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under: Name AY 2007-08 AY 2010-11 AY 2011-12 AY 2012-13 AY 2013-14 AY 2014-15 AY 2015-16 AY 2016-17 Dharampal (HUF) No addition 27,21,71,812 C.G No addition No addition No addition Surander Yadav No addition 5,11,53,900 C.G No addition No addition No addition Smt. Roshni Devi W.o Lt. Sh/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing Officer by filing appeals before learned Commissioner (Appeals). 8. During the pendency of appeals before the First Appellate Authority, the appellants filed declarations under the Direct Tax Vivad-se-Viswas Scheme 2020 for settling the dispute. After acceptance of declarations filed under Vivad-se-Viswas Scheme and payment of requisite tax computed, the dispute was settled with issuance of Form 5 by the competent authority. 9. Keeping in view the aforesaid factual backdrop, we proceed to decide the present appeals. 10. We have heard Sh. Rakesh Gupta, learned Counsel appearing for the assessee and Sh. M. Baranwal, learned CIT DR. Learned Counsel appearing for the assessee submitted that the dispute between assessees and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r i.e. Assessment Year 2010-11. Against the Assessment Orders so passed, the appellants went in appeal before learned Commissioner (Appeals). During the pendency of the appeals before learned First Appellate Authority, the appellants have filed declarations under Vivad-se-Viswas Scheme and paid the requisite tax demand computed by the competent authority. On payment of tax demands, the competent authority has accepted the declarations filed by the appellants and issued Form 5 in favour of the appellants. This is evident from the copies of Form 3 and Form 5 filed before us. In fact, learned Departmental Representative has accepted the aforesaid factual position. 13. Thus, as on date, the dispute between the appellants and the revenue in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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