TURNER GENERAL ENTERTAINMENT NETWORKS INDIA PVT. LTD., NEW DELHI V. ACIT, Circle- 16(1), NEW DELHI

ITA 1801/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7242 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 14-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUSHMA SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI A.N.MISSHRA, ACCOUNTANT MEMBER ITA NO.737/DEL/2017 (ASSESSMENT YEAR 2009-10) ITA NO.1801/DEL/2018 (ASSESSMENT YEAR 2010-11) ITA NO.1802/DEL/2018 (ASSESSMENT YEAR 2012-13) M/S TURNER GENERAL ENTERTAINMENT NETWORK INDIA PVT. LTD. 5 TH FLOOR, REDISSON COMMERCIAL PLAZA, NATIONAL HIGHWAY NO.8, MAHIPALPUR, NEW DELHI-110 037. PAN AACCN 3434E VS. ASST. CIT, CIRCLE-16(1), NEW DELHI. (APPELLANT) (RESPONDENT) ITA NO.6566/DEL/2016 (ASSESSMENT YEAR 2011-12) M/S TURNER GENERAL ENTERTAINMENT NETWORK INDIA PVT. LTD. 5 TH FLOOR, REDISSON COMMERCIAL PLAZA, NATIONAL HIGHWAY NO.8, MAHIPALPUR, NEW DELHI-110 037. PAN AACCN 3434E VS. DY . CIT, CIRCLE-16(1), NEW DELHI. (APPELLANT) (RESPONDENT) 2 ITA NOS.737 & ORS /DEL/2017 & ORS. M/S TURNER GENERAL ENTERTAINMENT NETWORKS INDIA PVT. LTD. VS. ACIT & DCIT APPELLANT BY SH. RISHABH MALHOTRA, ADV. RESPONDENT BY SMT. SUSHMA SINGH, CIT- DR DATE OF HEARING 25.01.2021 DATE OF PRONOUNCEMENT 25.01.2021 ORDER PER BENCH: THESE APPEALS HAVE BEEN PREFERRED BY THE ASSE SSEE AGAINST THE SEPARATE ORDERS DATED 16.12.2016, 19.01.2018 & 07.11.2016 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (A PPEALS)-33 & 9, NEW DELHI {CIT(A)} FOR ASSESSMENT YEARS: 2009-10 TO 2012-13. 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SUB MITS THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEARS UNDER CONSIDERATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRE CT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. 3.0 CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEALS ARE CONSIGNED TO THE RECORDS AND TREATED AS DISMISS ED. 3 ITA NOS.737 & ORS /DEL/2017 & ORS. M/S TURNER GENERAL ENTERTAINMENT NETWORKS INDIA PVT. LTD. VS. ACIT & DCIT 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CA VEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEARS ARE NOT ULTIMATELY RESOLVED IN TERMS OF THE AFOREST ATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEALS AND THE T RIBUNAL SHALL CONSIDER SUCH APPLICATIONS APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEALS ARE CONS IGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, ARE TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 25 TH JANUARY, 2021. SD/- SD/- (A.N.MISSHRA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25/01/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI