M/s Elektrobit Automotive GmbH, Germany V. DCIT (International Taxation), New Delhi

ITA 285/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4241 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2012-2013
• Appeal Filed On: 20-01-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR PRABHA KANT
• Assessee Lawyers: VIPIN UPADHYAYA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D NEW DLEHI BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.285/DEL/2016 ASSESSMENT YEARS: 2012-13 ELEKTROBIT AUTOMOTIVE GMBH, VS. DCIT, CIRCLE 1(2)( 2), AM, WOLFSMANTEL, 46, NEW DELHI PAN : AACCE4655N (APPELLANT) (RESPONDENT) APPELLANT BY : SH. VIPIN UPADHYAYA, ADV RESPONDENT BY: DR. PRABHA KANT, CIT/DR DATE OF HEARING: 10.02.2021 DATE OF ORDER : 10.02.2021 ORDER PER K. NARASIMHA CHARY, J.M. THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2012-13 IS DIRECTED AGAINST THE ASSESSMENT ORDER DATED 18.11.2 015 PASSED IN PURSUANCE TO DIRECTIONS OF LD. DRP-1, NEW DELHI. 2. THE ASSESSEE, VIDE ITS LETTER DATED 09.02.2021, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY HIM AND STATED TH AT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARR EARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWA S SCHEME, 2020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 2 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMEN T YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE ACT, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND TH E TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE REVE NUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIR TUAL HEARING IN PRESENCE OF PARTIES ON 10 TH FEBRUARY, 2021. SD/- SD/- (O.P. KANT) (K. NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10/02/2021 AKS