Oliver Wyman Limited -India Branch Office, Gurgaon V. Deputy Commissioner of Income-tax, Gurgaon

ITA 1888/DEL/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6437 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2010-2011
• Appeal Filed On: 01-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. K. NARASIMHA CHARY, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.1023/DEL/2017 FOR A.Y. 2012-13 ITA NO.1888/DEL/2015 FOR A.Y. 2010-11 ITA NO.1591/DEL/2016 FOR A.Y. 2011-12 OLIVER WYMAN LTD. (INDIA BRANCH OFFICE), 7 TH FLOOR, TOWER A, DLF INFINITY TOWERS, CYBER CITY, GURGAON - 122002 PAN NO. AABCO 0593 J VS. DCIT (INTERNATIONAL TAXATION), CIRCLE GURGAON, NEW DELHI (APPELLANT) (RESPONDENT) A SSESSEE BY MS. SHERRY GOYAL, ADV. RE VENUE BY SHRI SUNIL KUMAR, CIT - D.R. DATE OF HEARING: 0 2 / 0 2 /202 1 DATE OF PRONOUNCEMENT: 02 / 02 /202 1 ORDER PER BENCH : THESE THREE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION), CIRCLE, GURGAON U/S 144C(5) OF THE ACT PURSUANT TO THE DIRECTION OF DEPUTY RESOLUTION PANEL (DRP) NEW DELHI ORDER DATED 18.10.2016, 11.11.2014 & 28.11.2015 FOR ASSESSMENT YEARS 2012-13, 2010-11 & 2011-12. 2 2. BEFORE US, ASSESSEE HAS MOVED AN APPLICATION DATED 2 ND FEBRUARY 2021 WHEREIN THE ASSESSEE HAS STATED THAT IT HAS OPTED FOR VIVAD SE VISHWAS (VSV) 2020 AND HAS FILED THE DECLARATION (FORM-1) AND UNDERTAKING (FORM-2) SCHEME AND DESIGNATED AUTHORITY IS YET TO ISSUE CERTIFICATE IN FORM-3. 3. AFTER CONSIDERING THE SUBMISSIONS MADE BY THE AR, WE DISMISS THE APPEALS OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEARS ARE NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. WITH THESE DIRECTIONS, ALL THE THREE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, ALL THE THREE APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02.02.2021, IMMEDIATELY AFTER CONCLUSION OF THE HEARING OF THE MATTER IN VIRTUAL MODE. SD/- SD/- (K. NARASIMHA CHARY) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE:- 02.02.2021 PY* 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI