ACIT, Circle-11(1), V. Eicher Good Canth Ltd.,

ITA 3971/DEL/2002

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4496 (ITAT-DELHI)
• Duration Of Justice: 18 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 09-05-2017
• Assessment Year: 1999-2000
• Appeal Filed On: 07-10-2002
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MD GANYASUDDIN ANSARI
• Assessee Lawyers: MANISH SHAR MA

Judgement Text

ITA NO. 2504&3971/DEL/2002 & CO NO. 166/DEL/2005 (IN ITA NO. 3971/DEL/2002) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI C BEN CH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA NO. 2504/DEL/2002 [ASSESSMENT YEAR: 1998-99] ITO, WARD-11(1), VS. M/S EICHER GOODEARTH LTD., NEW DELHI 12, COMMERCIAL COMPLEX, MASJID MOTH, GREATER KAILASH-II NEW DELHI (PAN:AAACE0052D) ITA NO. 3971/DEL/2002 [ASSESSMENT YEAR: 1999-2000] ACIT, CIRCLE -11(1), VS. M/S EICHER GOODEARTH LTD. , NEW DELHI 12, COMMERCIAL COMPLEX, MASJID MOTH, GREATER KAILASH-II NEW DELHI (PAN:AAACE0052D) CROSS OBJECTION NO. 166/DEL/2005 (IN ITA NO. 3971/DEL/2002) [ASSESSMENT YEAR: 1999-2000] M/S EICHER GOODEARTH LTD., VS DCT, CIRCLE -11(1) , 12, COMMERCIAL COMPLEX, NEW DELHI MASJID MOTH, GREATER KAILASH-II NEW DELHI (PAN:AAACE0052D) [APPELLANT] [RESPONDENT] REVENUE BY : MD. GANYASUDDIN ANSARI, SR . DR. ASSESSEE BY : MS. MANISH SHARMA, ADV. ITA NO. 2504&3971/DEL/2002 & CO NO. 166/DEL/2005 (IN ITA NO. 3971/DEL/2002) 2 ORDER PER O.P. KANT, AM: THESE APPEALS BY THE REVENUE ARE PREFERRED AGAINST THE SEPARATE ORDERS OF THE LD. CIT(A) - XIV, NEW DELHI DATED 18.3.2002 & 1 9.7.2002 PERTAINING TO A.YS 1998-99 & 1999-2000 AND CROSS OBJECTION HAS BE EN FILED BY THE ASSESSEE IN REVENUES ITA NO. 3971/DEL/2002 (AY 1999-2000). 2. AT THE TIME OF HEARING, MS. MANISHA SHARMA, ADVO CATE/AUTHORISED REPRESENTATIVE OF THE ASSESSEE FILED A LETTER DATED 19.10.2020 AND REITERATED THE CONTENTS THEREOF BY STATING THAT ASSESSEE COMPA NY HAS OPTED TO SETTLE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEARS UNDER CONSIDERATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND REFERRED THE LETTER DATED 21.4.2020 FILED WITH THE DEPARTMEN T INTIMATING ABOUT DECLARATION IN FORM 1 FILED ONLINE AT PAGES 1 TO 6 ALONGWITH FORM 1 FILED IN RESPECT OF EACH APPEAL ATTACHED AT PAGES 7 TO 19 (F OR AY 1998-99) AND PAGES 20 TO 30 (FOR AY 1999-2000). SHE HAS ALSO SUBMITTED T HAT ALTHOUGH THE DECLARATION IN FORM 1 IN ACCORDANCE WITH SECTION 4 HAS BEEN FILED BY THE ASSESSEE COMPANY, HOWEVER, THE DESIGNATED AUTHORITY HAS NOT YET GRANTED THE CERTIFICATE IN FORM 3 UNDER SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ACCEPTING THE SAID DECLARATION AND DETERMINING THE TAX ARREARS TO BE PAID BY THE ASSESSEE. THEREFORE, SHE REQUESTED THAT THE PRESENT APPEALS MAY BE ADJOURNED TO A LATER DATE, SUBJECT TO THE CONVENIEN CE OF THE BENCH. IN THE LAST SHE ITA NO. 2504&3971/DEL/2002 & CO NO. 166/DEL/2005 (IN ITA NO. 3971/DEL/2002) 3 ALSO SUBMITTED THAT THE CAPTIONED APPEALS WOULD BE WITHDRAWN ONCE THE DESIGNATED AUTHORITY ACCEPTS THE DECLARATION FILED BY THE ASSESSEE ISSUES FORM 3 UNDER SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. 3. LD. SR. DR HAS NOT RAISED ANY SERIOUS OBJECTION. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORDS ESPECIALLY THE LETTER DATED 19.10.2020 FILED BY THE LD. COUNSEL FOR THE ASSESS EE WHEREIN SHE HAS STATED THAT ASSESSEE COMPANY HAS OPTED TO SETTL E THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEARS UNDE R CONSIDERATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT WAS ALSO NOTED FROM THE AFORESAID LETTER THAT ALTHOUGH THE DECLARATION IN FORM 1 IN A CCORDANCE WITH SECTION 4 HAS BEEN FILED BY THE ASSESSEE COMPANY, HOWEVER, THE DE SIGNATED AUTHORITY HAS NOT YET GRANTED THE CERTIFICATE IN FORM 3 UNDER SEC TION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ACCEPTING THE SAID DECLA RATION AND DETERMINING THE TAX ARREARS TO BE PAID BY THE ASSESSEE. WE FURTHER NOTE THAT ASSESSEES COUNSEL HAS FURTHER MENTIONED IN HER LETTER DATED 1 9.10.2020 THAT THE CAPTIONED APPEALS WOULD BE WITHDRAWN ONCE THE DESIG NATED AUTHORITY ACCEPTS THE DECLARATION FILED BY THE ASSESSEE ISSUES FORM 3 UNDER SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. 5. KEEPING IN VIEW OF THE AFORESAID FACTS AND CIRC UMSTANCES OF THE CASE, IN OUR VIEW THE APPEALS OF THE REVENUE SHOULD BE DISP OSED OF WITH THE LIBERTY TO ITA NO. 2504&3971/DEL/2002 & CO NO. 166/DEL/2005 (IN ITA NO. 3971/DEL/2002) 4 THE DEPARTMENT THAT IF THE DEPARTMENT DOES NOT ISS UE FORM NO. 3 TO THE ASSESSEE, THEN THE DEPARTMENT IS AT LIBERTY TO FILE A MISCELLANEOUS APPLICATION FOR RECALLING THIS ORDER. IN VIEW OF ABOVE, BOTH T HE APPEALS FILED BY THE REVENUE ARE DISMISSED WITH LIBERTY TO FILE MISC. AP PLICATION FOR RECALLING THE ORDER IF FORM NO. 3 OF THE DIRECT TAX VIVAD SE VISH WAS ACT, 2020 IS NOT ISSUED TO THE ASSESSEE. 6. AS REGARDS THE ASSESSEES CROSS OBJECTION IS CON CERNED, SINCE WE HAVE ALREADY DISMISSED THE REVENUES APPEAL NO. 3971/D EL/2002 (AY 1999-2000), AS AFORESAID, HENCE, THE CROSS OBJECTION FILED BY T HE ASSESSEE HAS BECOME INFRUCTUOUS AND DISMISSED AS SUCH WITH LIBERTY TO F ILE MISC. APPLICATION FOR RECALLING THE ORDER, IN CASE MISC. APPLICATION IS F ILED BY THE DEPARTMENT. 7. IN THE RESULT, BOTH THE REVENUE APPEALS AS WELL AS ASSESSEES CROSS OBJECTION STAND DISMISSED. THE ORDER IS PRONOUNCED ON 20.10.2020. SD/- SD/- [H.S. SIDHU] [O.P. KANT] JUDICIAL MEMBER ACCOUNTANT MEMBER SRB COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI