Sahara India Intl. Corp. Ltd., Noida V. DCIT, New Delhi

ITA 1688/DEL/2012

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4778 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 9 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 23-12-2015
• Assessment Year: 2001-2002
• Appeal Filed On: 11-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI K. NARASIMHA CHARY , JUDICIAL MEMBER ITA NOS. 3387 & 3396/DEL/2005; 1687 & 1688/DEL/2012 ASSESSMENT YEARS : 2001-02, 2002-03, 2002-03 & 2001-02 M/S SAHARA INDIA INTERNATIONAL CORPORATION LTD., (NOW MERGED WITH M/S SAHARA INDIA COMMERCIAL CORPORATION LIMITED), SAHARA INDIA COMPLEX, C-2, C-3, C-4, SECTOR-XI, NOIDA UTTAR PRADESH (PAN : AADCS6118F) VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-6, NEW DELHI (APPELLANT) (RESPONDENT) ITA NOS. 3394 & 3395/DEL/2005 & 4828/DEL/2014 & 398/DEL/2011 ASSESSMENT YEARS : 2001-02, 2002-03, 2003-04 & 2005-06 DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-6, NEW DELHI VS. M/S SAHARA INDIA INTERNATIONAL CORPORATION LTD., (NOW MERGED WITH M/S SAHARA INDIA COMMERCIAL CORPORATION LIMITED), 2 SAHARA INDIA COMPLEX, C-2, C-3, C-4, SECTOR-XI, NOIDA UTTAR PRADESH (PAN : AADCS6118F) (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. ADITYA VOHRA, ADV. & SH. ARPIT GOYAL, CA DEPARTMENT BY : SH. M. BARANWAL, SR. DR. DATE OF HEARING : 10.02.2021 DATE OF PRONOUNCEMENT : 10.02.2021 ORDER PER G.S. PANNU, VP : THESE APPEALS FILED BY THE ASSESSEE AND REVENUE FOR THE ASSESSMENT YEARS 2001-02, 2002-03, 2003-04 & 2005-06 ARE DIRECTED AGAINST THE SEPARATE ORDERS OF LEARNED CIT(A)-I, N EW DELHI. 2. THE ASSESSEES A.R. VIDE HIS COMMON LETTER DATED 4.2.2021 HAS REQUESTED FOR WITHDRAWAL OF THE APPEALS FILED BY TH E ASSESSEE AND ALSO REQUESTED THAT APPEALS FILED BY THE REVENUE MAY ALSO BE DISMISSED. HE STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DI SPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. THE COPIES OF THE CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAV E ALSO BEEN FILED IN ALL THE APPEALS FILED BY THE ASSESSEE AND REVENUE. 3 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEALS ARE CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THA T IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEARS IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE PARTIES SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION O F THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATE LY AS PER LAW. BOTH THE PARTIES HAVE NO OBJECTION WITH REGARD TO THE AFORES AID CAVEAT. 5. IN VIEW OF THE AFORESAID, ALL THE APPEALS ARE CO NSIGNED TO RECORD AND, FOR STATISTICAL PURPOSES, ARE TREATED AS DISMI SSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOT H THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 10 FEBRUARY, 2021. SD/- SD/- ( K. NARASIMHA CHARY ) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT SRB COPY FORWARDED TO: - 1. APPELLANT . 2. RESPONDENT. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR 4