Liugong India Pvt. Ltd., New Delhi V. ACIT, New Delhi

ITA 1612/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7681 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 28-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: I-1 NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.1612/DEL./2016 ASSESSMENT YEAR: 2011-12 M/S. LIUGONG INDIA PVT. LTD., 82, GROUND FLOOR, OKHLA INDL. AREA, PHASE-III, NEW DELHI VS. ACIT, CIRCLE-15(2), C.R. BUILDING, NEW DELHI PAN :AABCL3456H (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST FIN AL ASSESSMENT ORDER PASSED BY THE LD. ASSISTANT COMMIS SIONER OF INCOME-TAX, CIRCLE- 15(2), FOR ASSESSMENT YEAR 2011 -12, PURSUANT TO THE DIRECTION OF THE LD. DISPUTE RESOLUTION PANE L (DRP). 2. THE ASSESSEE, VIDE ITS LETTER DATED 15 TH JANUARY 2021, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL AS IT HAS OP TED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSM ENT YEAR UNDER CONSIDERATION, UNDER THE VIVAD SE VISHWAS SCHEME, 2 020 FOR APPELLANT BY MS. SAAKSHI J. GUPTA, AR RESPONDENT BY SHRI SURENDERPAL, CIT(DR) DATE OF HEARING 19.01.2021 DATE OF PRONOUNCEMENT 19.01.2021 2 ITA NO.1612/DEL./2016 WHICH IT HAS FILED FORM NOS. 1 & 2 AND FORM NO. 3 IS STILL AWAITED. 2. HOWEVER, IT IS SUBMITTED BY THE APPELLANT THAT THE AFORESAID BE SUBJECTED TO A CAVEAT THAT IN CASE THE DISPUTE R ELATING TO TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED SCH EME, THE APPELLANT SHALL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. AS THE LEARNE D DR HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT, ACCO RDINGLY, WE HOLD SO. 3. IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESS EE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (AMIT SHUKLA) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 19 TH JANUARY, 2021. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI