Oracle India Pvt. Ltd., New Delhi V. DCIT, New Delhi

ITA 2298/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8250 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 17-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL
• Assessee Lawyers: PULKIT VERMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 1822/DEL/2017 ASSESSMENT YEAR : 2004-05 ADDL. CIT, RANGE-19, NEW DELHI VS. M/S ORACLE INDIA PVT. LTD., F-1/2, 1 FLOOR, SALCON RASVILAS, D-1, DISTRICT CENTRE, SAKET, NEW DELHI 110 017 (PAN: AAACO0158L) (APPELLANT) (RESPONDENT) ITA NO. 2298/DEL/2017 ASSESSMENT YEAR : 2004-05 M/S ORACLE INDIA PVT. LTD., F-1/2, 1 FLOOR, SALCON RASVILAS, D-1, DISTRICT CENTRE, SAKET, NEW DELHI 17 (PAN: AAACO0158L) VS. DCIT, CIRLE 19(1), NEW DELHI (APPELLANT) (RESPONDENT) DEPARTMENT BY : SH. M. BARANWAL, SR. DR. ASSESSEE BY : SH. TARANDEEP SINGH, ADV. & SH. PULKIT VERMA, ADV. 2 DATE OF HEARING : 25.03.2021 DATE OF PRONOUNCEMENT : 25.03.2021 ORDER PER G.S. PANNU, VP : THESE ARE CROSS APPEALS FILED BY THE REVENUE AS WELL AS ASSESSEE FOR THE ASSESSMENT YEAR 2004-05 ARE DIRECTED AGAINST THE ORDER OF L EARNED CIT(A)-7, NEW DELHI. 2. THE ASSESSEES A.R. VIDE HIS LETTER DATED 21.03.2021 HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE AND DISMISSAL OF THE APPEAL FILED BY THE REVENUE AND ALSO STATED THAT ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDE R CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FILED. 3. LEARNED SENIOR DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF THE ASSESSEES A .R. FOR DISMISSAL OF THE REVENUES APPEAL AND ALSO ACCEPT THE REQUEST FOR WIT HDRAWAL OF THE APPEAL FILED BY THE ASSESSEE FOR THE SAME ASSESSMENT YEAR I. E. 2004-05. 3 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSE D HAVING BECOME INFRUCTUOUS AND ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ABOVE DECISION WAS PRONOUNCED IN THE PRESENCE OF BOTH THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 25 MARCH, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT SRB COPY FORWARDED TO: - 1. APPELLANT . 2. RESPONDENT. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR 4