Hero MotoCorp Ltd., New Delhi V. DCIT, Circle- 12(1), New Delhi

ITA 3078/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9097 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 02-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANIMA BURNWAL SENIOR
• Assessee Lawyers: MANISHA SHARMA
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH C : NEW DELHI) BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA NO.3077/DEL./2018 (ASSESSMENT YEAR : 2007-08) ITA NO.3078/DEL./2018 (ASSESSMENT YEAR : 2008-09) M/S. HERO MOTOCORP LTD., VS. DCIT, CIRCLE 12 (1), 34, BASANT LOK, NEW DELHI. VASANT VIHAR, NEW DELHI. (PAN : AAACH0812J) (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. MANISHA SHARMA, ADVOCATE REVENUE BY : MS. ANIMA BURNWAL, SENIOR DR DATE OF HEARING : 09.08.2021 DATE OF ORDER : 09.08.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, M/S. HERO MOTOCORP LTD. (HEREINAFTER REF ERRED TO AS THE ASSESSEE), BY FILING THE PRESENT APPEALS S OUGHT TO SET ASIDE THE IMPUGNED ORDERS BOTH DATED 01.02.2018 PASSED BY LD. COMMISSIONER OF INCOME-TAX (APPEALS)-42, NEW DELHI QUA THE ASSESSMENT YEARS 2007-08 & 2008-09. ITA NO.3077/DEL./2018 ITA NO.3078/DEL./2018 2 2. LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATIO N SEEKING WITHDRAWAL OF THE APPEAL ON THE GROUND THAT THE ASS ESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS F OR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWA S SCHEME, 2020 AND HAS FILED NECESSARY FORMS 1 & 2 WITH THE TAX DEPARTMENT, WHICH WAS ACCEPTED AND PROCESSED VIDE F ORM 3 ISSUED BY THE TAX DEPARTMENT. A COPY OF FORM 3 IS ALSO PL ACED ON RECORD. 3. KEEPING IN VIEW THE AFORESAID FACTS, PRESENT APP EALS ARE HEREBY DISMISSED WITH LIBERTY TO GET IT RESTORED BY THE ASSESSEE IN CASE DISPUTE IS NOT SETTLED AS PER SCHEME. THE REV ENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. CON SEQUENTLY, THE PRESENT APPEALS ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 9 TH DAY OF AUGUST , 2021 AFTER THE CONCLUSION OF THE VIRTUAL HEARING. SD/- SD/- (ANIL CHATURVEDI) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 9 TH DAY OF AUGUST, 2021 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-42, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.