M/s Varun Beverages (International) Ltd., New Delhi V. ACIT, New Delhi

ITA 227/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4235 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 18-01-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VANDANA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2 NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.227/DEL/2016 ASSESSMENT YEAR 2011-12 VARUN BEVERAGES (INTERNATIONAL) LTD. (NOW MERGED WITH VARUN BEVERAGES LTD.), G-2/7, OKHLA INDUSTRIAL AREA, PHASE-I, NEW DELHI. V. ACIT, CENTRAL CIRCLE-VII, NEW DELHI. TAN/PAN: AAACV2678L (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI DIVYANSH JAIN, ADV. RESPONDENT BY: MS. VANDANA, CIT-D.R. DATE OF HEARING: 11 02 2021 DATE OF PRONOUNCEMENT: 11 02 2021 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 27.11.2015 PASSED BY ASST. COMMISSIONER OF INCOME TAX, NEW DELHI FOR THE ASSES SMENT YEAR 2011-12. 2. THE LD. COUNSEL FOR THE ASSESSEE, VIDE ITS LETTE R DATED 10 TH FEBRUARY, 2021 HAS INTIMATED THE TRIBUNAL THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE V IVAD SE I.T.A. NO. 227/DEL/2016 2 VISHWAS ACT, 2020 (IN SHORT THE ACT) AND REQUESTE D FOR WITHDRAWAL OF THE SAID APPEAL. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIO NED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMI SSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEA T. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGN ED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUA L HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 11 TH FEBRUARY, 2021. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11 TH FEBRUARY, 2021 PKK: