JDSU India Pvt. Ltd, Gurgaon V. DCIT, New Delhi

ITA 3667/DEL/2009

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8168 (ITAT-DELHI)
• Duration Of Justice: 11 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I1
• Next Hearing Date: 09-08-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 28-08-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARE DIRECTED A GAINST; ARE CROSS APPEALS
• Assessee Lawyers: AND ITA NO DEL FILED

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO. 3667/DEL/2009 ASSTT. YEAR 2004-05 JDSU INDIA PVT. LTD. (ERSTWHILE ACTERNA INDIA PVT. LTD.) 598, UDYOG VIHAR,PHASE-V GURGAON 122002 PAN AAACW0654M VS. D CIT, CO.CIRCLE-1 (1), ROOM NO. 390, C.R. BUILDING, I.P. ESTATE, NEW DELHI 110 002 (APPELLANT) (RESPONDENT) CO. NO. 51/DEL/2010 ASSTT. YEAR 2004-05 DCIT, CIRCLE 4(1) NEW DELHI. VS. JDSU INDIA PVT. LTD. (ERSTWHILE ACTERNA INDIA PVT. LTD.) 598, UDYOG VIHAR, PHASE-V GURGAON 122002 PAN AAACW0654M (APPELLANT) (RESPONDENT ITA NO. 4088/DEL/2009 ASSTT. YEAR 2004-05 DCIT CIRCLE -4(1) NEW DELHI. VS. JDSU INDIA PVT. LTD. (ERSTWHILE ACTERNA INDIA PVT. LTD.) 225, OKHLA INDUSTRIAL AREA, PHASE-III, NEW DELHI PAN AAACW0654M (APPELLANT) RESPONDENT) 2 ITA NO. 494/DEL/2008 ASSTT. YEAR 2003-04 JDSU INDIA PVT. LTD. (ERSTWHILE ACTERNA INDIA PVT. LTD.) 225, OKHLA INDUSTRIAL AREA, PHASE-III, NEW DELHI PAN AAACW0654M VS. JCIT, CO. CIRCLE(1), NEW DELHI. (APPELLANT) RESPONDENT) O R D E R PER R.K. PANDA, AM ITA NO. 3667/DEL/2009 FILED BY THE ASSESSEE AND ITA NO. 4088/DEL/2009 FILED BY THE REVENUE ARE CROSS APPEALS AND ARE DIRECTED AGAINST THE ORDER DATED 29 TH JUNE, 2009 PASSED BY THE LD. CIT (A) XX, NEW DELHI RELATING TO ASSTT. YEAR 2004-05. CO NO. 51/DEL/2010 FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER RELATING TO ASSTT. YEAR 2004-05 AND ITA NO. 494/DEL/2008 FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 30 TH NOVEMBER, ASSESSEE BY: SHRI R ISHABH MALHOTRA, AR DEPARTMENT BY : SHRI M. BARNWAL, SR. DR DATE OF HEARING 0 4/0 1 /20 2 1 DATE OF PRONOUNCEMENT 04 /01/2021 3 2007 PASSED BY THE LD. CIT(A)-IV, NEW DELHI FOR ASSTT. YEAR 2003- 04. 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET FILED AN APPLICATION SEEKING ADJOURNMENT OF THE APPEALS ON THE GROUND THAT ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020 AND HAS ALSO FILED THE DECLARATION IN FORM 1 AND 2. HOWEVER THE FORM 3 HAS NOT YET BEEN ISSUED TO THE COMPANY TILL DATE. HE ACCORDINGLY REQUESTED THAT THE APPEALS FILED BY THE ASSESSEE AND REVENUE MAY KINDLY BE ADJOURNED. 3. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME 2020, THEREFORE, CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEALS AND THE CO ARE CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID SCHEME, THE APPELLANTS (I.E. THE ASSESSEE AS WELL AS THE REVENUE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 4 4. IN VIEW OF THE AFORESAID, THE APPEAL AND THE CO ARE CONSIGNED TO RECORD AND FOR STATISTICAL PURPOSES ARE TREATED AS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT TIME OF HEARING ITSELF I.E. ON 4 TH JANUARY, 2021. - SD/- SD/- (KULDIP SINGH) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 04/01/2021 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI