DCIT, New Delhi V. M/s Turner General Entertainment Network India ltd., New Delhi

ITA 226/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7245 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 18-01-2016
• Result in Favour of: Assessee
• 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.226/DEL/2016 (ASSESSMENT YEAR 2008-09) DY. CIT, CIRCLE-25(2), NEW DELHI. VS. M/S TURNER GENERAL ENTERTAINMENT NETWORK INDIA LTD. (FORMERLY KNOWN AS NDTV IMAGINE LTD.) 5 TH FLOOR, REDISSON COMMERCIAL PLAZA, NATIONAL HIGHWAY NO.8, MAHIPALPUR, NEW DELHI-110 037. PAN AACCN 3434E (APPELLANT) (RESPONDENT) ITA NO.1772/DEL/2017 (ASSESSMENT YEAR 2009-10) ADDL. CIT, SPECIAL RANGE-9, NEW DELHI. VS. M/S TURNER GENERAL ENTERTAINMENT NETWORK INDIA LTD. 5 TH FLOOR, REDISSON COMMERCIAL PLAZA, NATIONAL HIGHWAY NO.8, MAHIPALPUR, NEW DELHI-110 037. PAN AACCN 3434E (APPELLANT) (RESPONDENT) 2 ITA NOS.226 & 1772/DEL/2016 & 17 DCIT & ACIT VS. M/S TURNER G ENERAL ENTERTAINMENT NETWORK IN DIA PVT. LTD. APPELLANT BY SMT. SUSHMA SINGH, CIT- DR RESPONDENT BY SH. RISHABH MALHOTRA, ADV. DATE OF HEARING 25.01.2021 DATE OF PRONOUNCEMENT 25.01.2021 ORDER PER BENCH: BOTH THE APPEALS HAVE BEEN PREFERRED BY TH E REVENUE AGAINST THE SEPARATE ORDERS DATED 26.10.2015 & 16.1 2.2016 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) -14 & 33, NEW DELHI {CIT(A)} FOR ASSESSMENT YEARS: 2008-09 & 2 009-10. 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 YEAR UNDER CONSIDERATION UNDER T HE 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. T HE LD. AR HAS PRAYED FOR WITHDRAWAL OF THE APPEALS. 3.0 CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEALS ARE CONSIGNED TO THE RECORDS AND TREATED AS DISMISS ED. 3 ITA NOS.226 & 1772/DEL/2016 & 17 DCIT & ACIT VS. M/S TURNER G ENERAL ENTERTAINMENT NETWORK IN DIA PVT. LTD. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAV EAT 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 ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUN AL FOR REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE APPELLANT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESA ID CAVEAT. 5.0 IN VIEW OF THE AFORESAID, THE APPEALS ARE C ONSIGNED 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