DCIT, New Delhi V. M/s. Gates India Pvt. Ltd., New Delhi

ITA 3311/DEL/2015

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2630 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 25-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AGAINST DATED PASSED

Judgement Text

1 ITA NO. 3311/DEL/2015 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI R. K. PANDA ACCOUNTANT MEM BER AND SH. KULDIP SINGH, JUDICI AL MEMBER I.T.A. NO. 3311/DEL/201 5 (A.Y 2010-11) (THROUGH VIDEO CONFER ENCING) DCIT CIRCLE-10(1) NEW DELHI (APPELLANT) VS GATES INDIA PVT. LTD. V-434, DEFENCE COLONY NEW DELHI AAACA8125F (RESPONDENT) ORDER PER R. K. PANDA, AM THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER DATED 11/03/2015 PASSED BY CIT(A)-IV, NEW DELHI FOR ASSESSMENT YEAR 2010-11. 2. 2. BEFORE US, THE LD. AR SUBMITTED THAT THE ASS ESSEE HAS MOVED AN APPLICATION TO RESOLVE THE PENDING ISSUE THROUGH DI RECT TAX VIVAD SE VISHWASH SCHEME (VSV) ACT, 2020, AND HAS FILED DECLARATION FORM NO. 1 & 2 AND FORM NO. 3 IS ALSO RECEIVED. 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDE RING THE SUBMISSIONS OF THE ASSESSEE, WE DISMISS THE APPEAL OF REVENUE SUBJ ECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSEE SHALL BE AT LIBERTY APPELLANT BY MS. SALONI SHEETAL, CA RESPONDENT BY SH. OM PRAKASH, SR. DR DATE OF HEARING 27.10.2021 DATE OF PRONOUNCEMENT 27.10.2021 2 ITA NO. 3311/DEL/2015 TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE A PPEAL AND THE TRIBUNAL SHALL CONSIDER THE SAME. THE APPEAL OF THE REVENUE IS DIS MISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 27 TH DAY OF OCTOBER,, 2021 IN PRESENCE OF BOTH THE PARTIES. SD/- SD/- (KULDIP SINGH) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEM BER DATED : 27/10/2021 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI