Gaffney Cline and Associated Ltd., Dehradun V. ACIT, Circle- I, International Taxation, Dehradun

ITA 1496/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2324 (ITAT-DEHRADUN)
• Duration Of Justice: 2 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 22-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THAKUR SINGH MAPWAL
• Assessee Lawyers: AMIT ARORA CA SHRI ITESH DODHI

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DEHRADUN CIRCUIT BENCH: DEHRADUN BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 1496/DEL/2019 (ASSESSMENT YEAR: 2014 - 15) GAFFNEY CLINE AND ASSOCIATED LTD, C/O. NANGIA & COMPANYT, 1 ST FLOOR, EDA, 46, EC ROAD, DEHRADUN PAN: AADCG7821R VS. ACIT, CIRCLE - 1, INTERNATIONAL TAXATION, DEHRADUN (APPELLANT (RESPONDENT) ITA NO. 400/DEL/2018 (ASSESSMENT YEAR: 2014 - 15) ACIT, CIRCLE - 1, INTERNATIONAL TAXATION, DEHRADUN VS. GAFFNEY CLINE AND ASSOCIATED LTD, C/O. NANGIA & COMPANYT, 1 ST FLOOR, EDA, 46, EC ROAD, DEHRADUN PAN: AADCG7821R (APPELLANT (RESPONDENT) ASSESSEE BY : SHRI AMIT ARORA, CA SHRI ITESH DODHI, CA REVENUE BY: SHRI THAKUR SINGH MAPWAL, JCIT DATE OF HEARING 04/03/2021 DATE OF PRONOUNCEMENT 04/03/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. TH ESE ARE THE APPEAL S FILED BY THE ASSESSEE AND THE REVENUE AGAINST THE ORDER OF THE LD CIT(A) - 2 , DEHRADUN DATED 20.12.2018 FOR THE ASSESSMENT YEAR 2014 - 15 . 2. AT THE TIME OF HEARING THE LD AR SUBMITTED THAT THE ASSESSEE HAS ALREADY OPTED FOR SETTLEMENT OF THE IMPUGNED DISPUTE IN ACCORDANCE WITH DIRECT TAXES VIVAAD SE VISHWAS ACT, 2020 BY FILING FORM NO. 1 AND 2 ON 07.09.2020. FORM NO. 3 HAS ALREADY BEEN ISSUED BY THE LD CIT(IT), DELHI - 3, NEW DELHI DATED 15.01.2021. THEREFORE, THE ASSESSEE WITHDRAWS THE APPEAL. THE LD DR ALSO CONCURRED WITH SUBMISSION OF THE LD AR. 3. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS AND FIND THAT THE CIT(IT), NEW DELHI HAS ALREAD Y ISSUED FORM NO. 3 DETERMINING THE TAX PAYABLE BY THE ASSESSEE IN THE IMPUGNED PAGE | 2 DISPUTE IN THIS APPEAL ON 15.01.2021. IN VIEW OF THIS THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. AS THE APPEAL OF THE ASSESSEE IS WITHDRAWN AS THE ASSESSEE HAS ALRE ADY ISSUED FORM NO. 3 UNDER RULE 5 OF DIRECT TAXES VIVAAD SE VISHWAS ACT, 2020, THE APPEAL OF THE REVENUE BECOMES INFRUCTUOUS AND THEREFORE, SAME IS DISMISSED. 5. ACCORDINGLY, BOTH THE APPEAL OF THE ASSESSEE AND THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04.03.2021. - S D / - - S D / - (SUDHANSHU SRIVASTAVA) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 04.03.2021 A K KEOT COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A ) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI