DCIT (International Taxation), New Delhi V. M/s. Bosch Rexroth B.V., New Delhi

ITA 3372/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8638 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 29-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RITU THAREJA
• Assessee Lawyers: SURENDER PAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1 NEW DLEHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.3372/DEL/2017 ASSESSMENT YEAR: 2011-12 DCIT (INTERNATIONAL TAXATION), VS. BOSCH REXROTH B .V., CIRCLE 1(1)(2), NEW DELHI. 1A-D, VANDHANA, 11, TOLSTOY MARG, NEW DELHI PAN : AADCB2866M (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. SURENDER PAL, CIT/DR REVENUE BY : MS. RITU THAREJA, CA DATE OF HEARING: 13/01/2021 DATE OF ORDER : 13/01/2021 ORDER PER ANIL CHATURVEDI, AM: THIS APPEAL IS FILED BY THE REVENUE FOR ASSESSMEN T YEAR 2011-12, AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME -TAX (APPEALS)-42, NEW DELHI DATED 21.03.2017. 2. LEARNED COUNSEL FOR THE ASSESSEE, VIDE LETTER DA TED 8 TH JANUARY, 2021, HAS INTIMATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS UNDER THE VIVAD SE VISH WAS ACT, 2020 (IN SHORT THE ACT) FOR THE ASSESSMENT YEAR UNDER CONSIDERAT ION AND REQUESTED 2 THAT THE APPEAL OF THE REVENUE SHOULD BE WITHDRAWN AND DISMISSED AS SUCH. 3. THE LD. CIT/DR, ON THE OTHER HAND, SUBMITS THAT THE STANDING INSTRUCTIONS ARE THAT IT IS ONLY IF THE ASSESSEE MA KES PAYMENT SUBSEQUENT TO THE PROCESSING OF THE CASE UNDER VIVAD SE VISHWA S TAK SCHEME,2020, THE REVENUE WILL SEEK WITHDRAWAL OF THE CASE. IN VI EW OF THIS, WE MAKE IT CLEAR THAT IN CASE THE DISPUTE RELATING TO TAX ARRE ARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE ACT OR ANY OBJECTION ARISES IN ISSUANCE OF FORM 3 OR IN ASSESS EE MAKING ANY PAYMENT SUBSEQUENT THERETO, THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TR IBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE ASSE SSEE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 4. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGN ED TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ORDER WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEAR ING IN THE PRESENCE OF BOTH THE PARTIES ON 13 TH JANUARY, 2021. SD/- SD/- (K. NARASIMHA CHARY) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 13/01/2021 AKS