Carrier Corporation, New Delhi V. DCIT (International Taxation), New Delhi

ITA 1602/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5867 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 28-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR PRABHA KANT
• Assessee Lawyers: PURSHOTTAM ANAND

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.AS. NO.1601 & 1602/DEL/2016 ASSESSMENT YEARS 2011-12 & 2012-13 CARRIER CORPORATION, PDS LEGAL, 1 ST FLOOR, ATMARAM MANSION, SCINDIA HOUSE, K.G. MARG, NEW DELHI. V. DCIT (INTERNATIONAL TAXATION), CIRCLE-1(2)(1), NEW DELHI. TAN/PAN: AAECC4806H (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI PURSHOTTAM ANAND, ADV. RESPONDENT BY: DR. PRABHA KANT, CIT-D.R. DATE OF HEARING: 28 01 2021 DATE OF PRONOUNCEMENT: 28 01 2021 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEALS HAVE BEEN FILED BY THE ASSESS EE AGAINST THE IMPUGNED ORDER DATED 29.01.2016 PASSED BY DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TA XATION, NEW DELHI FOR THE ASSESSMENT YEAR 2011-12. 2. THE LD. COUNSEL FOR THE ASSESSEE, VIDE ITS LETTE R DATED 28 TH JANUARY, 2021, THROUGH E-MAIL, HAS INTIMATED THE TR IBUNAL THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE R ELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSI DERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTED FOR WITHDRAWAL OF THE SAID APPEALS. I.T.AS. NO. 1601 & 1602/DEL/2016 2 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIO NED APPEALS ARE CONSIGNED TO RECORDS AND TREATED AS DIS MISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEARS IS NOT ULTIMATELY RESOLVED IN TERM S OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLIC ATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEA T. 5. IN VIEW OF THE AFORESAID, THE APPEALS ARE CONSI GNED TO RECORD AND, FOR STATISTICAL PURPOSES, ARE TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUA L HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 28 TH JANUARY, 2021. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28 TH JANUARY, 2021 PKK: