M/s. Hero Motocorp Ltd., New Delhi V. DCIT, New Delhi

ITA 2297/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8735 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 28-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MANISHA SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI A.N.MISSHRA, ACCOUNTANT MEMBER ITA NO.2297/DEL/2016 (ASSESSMENT YEAR 2008-09) ITA NO.2298/DEL/2016 (ASSESSMENT YEAR 2007-08) HERO MOTO CORP LTD., (FORMERLY KNOWN AS M/S HERO HONDA MOTORS LTD.) 34, BASANT LOK, VASANT VIHAR, NEW DELHI-110 057 PAN AAACH 0812J VS. DY. CIT, CIRCLE-9(1), NEW DELHI-110 044 (APPELLANT) (RESPONDENT) APPELLANT BY MS. MANISHA SHARMA, ADV. RESPONDENT BY SH. H.K. CHOUDHARY, CIT-DR DATE OF HEARING 11.01.2021 DATE OF PRONOUNCEMENT 11.01.2021 ORDER PER BENCH: BOTH THE APPEALS HAVE BEEN PREFERRED BY THE A SSESSEE AGAINST THE SEPARATE ORDERS DATED 02.03.2016 & 09.0 2.2016 PASSED 2 ITA NOS.2297 &2298/DEL/2016 HERO MOTOCORP LTD. VS . DCIT BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) -16, NEW DELHI {CIT(A)} FOR ASSESSMENT YEARS: 2008-09 & 2007 -08. 2. THE LD. AUTHORIZED REPRESENTATIVE (AR) SUBMI TS 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. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEALS ARE CONSIGNED TO THE RECORDS AND TREATED AS DISMISS ED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVE AT 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. 3 ITA NOS.2297 &2298/DEL/2016 HERO MOTOCORP LTD. VS . DCIT 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 11 TH JANUARY, 2021. SD/- SD/- (A.N.MISSHRA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11/01/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI