JCB India Ltd., New Delhi V. DCIT, CIRCLE- 13(2), New Delhi

ITA 4843/DEL/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5162 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 31-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: YOGESH KUMAR VERMA
• Keywords: Application of stay
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: I-2 NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 1204/DEL/2017 ASSESSMENT YEAR: 2012-13 JCB INDIA LTD. B1/I-1, 2 ND FLOOR, MOHAN COOPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI. PAN NO. AAACE0078P VS ADDL. CIT RANGE-13, NEW DELHI. APPELLANT RESPONDENT ITA NO. 4843/DEL/2017 ASSESSMENT YEAR: 2012-13 JCB INDIA LTD. B1/I-1, 2 ND FLOOR, MOHAN COOPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI. PAN NO. AAACE0078P VS DCIT CIRCLE 13(2), NEW DELHI. APPELLANT RESPONDENT & STAY APPLICATION NO. 151/DEL/2017 (IN ITA NO. 1204/DEL/2017) ( ASSESSMENT YEAR: 2012-13) JCB INDIA LTD. B1/I-1, 2 ND FLOOR, MOHAN COOPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI. PAN NO. AAACE0078P VS ADDL. CIT RANGE-13, NEW DELHI. APPELLANT RESPONDENT 2 ITA NO. 1204/D/17, 4843/D/17 & SA NO. 151/DEL/2019 JCB INDIA LIMITED ASSESSEE BY SHRI TARANDEEP SINGH, ADV. REVENUE BY SHRI YOGESH KUMAR VERMA, CIT DR ORDER PER BENCH ITA NO. 1204/DEL/2017 BY ASSESSEE HAS BEEN DIRECTE D AGAINST THE ASSESSMENT ORDER DATED 18.01.2017 FOR A Y 2012-13 U/S 143(3) R.W.S. 144C OF THE I.T. ACT PASSED BY TH E ADDL. COMMISSIONER OF INCOME TAX, RANGE-13, NEW DELHI. S TAY APPLICATION NO. 151/DEL/2017 IS FILED BY ASSESSEE I N ITA NO. 1204/DEL/2017. ITA NO. 4843/DEL/2017 BY ASSESSEE H AS BEEN DIRECTED AGAINST THE ORDER U/S 154/143/144C OF THE ACT DATED 25.05.2017 FOR AY 2012-13 PASSED BY DCIT, CIRCLE 13 (2), NEW DELHI. 2. LD. COUNSEL FOR ASSESSEE SUBMITTED THAT IN THE L IGHT OF MAP SETTLEMENT, ASSESSEE SEEKS LIBERTY TO WITHDRAW BOTH THE APPEALS. THE ORDER OF THE AO DATED 02.05.2019 AS PER MAP IS FILED ON RECORD. LD. COUNSEL FOR ASSESSEE ALSO SUBMITTED TH AT EVEN BEFORE THE HIGH COURT IN OTHER YEAR THE APPEALS HAVE BEEN WITHDRAWN. LD. COUNSEL FOR ASSESSEE, THEREFORE, SUBMITTED THAT ASSESSEE MAY BE PERMITTED TO WITHDRAW BOTH THE APPEALS AND STAY APPLICATION IS CONSEQUENTIAL WHICH HAS BECOME INFRUCTUOUS . 3. LD. DR HAS NO OBJECTION TO WITHDRAWAL OF BOTH TH E APPEALS. DATE OF HEARING 28.05.2019 DATE OF PRONOUNCEMENT 28.05.2019 3 ITA NO. 1204/D/17, 4843/D/17 & SA NO. 151/DEL/2019 JCB INDIA LIMITED 4. IN VIEW OF THE STATEMENT OF LD. COUNSEL FOR ASSE SSEE AND THAT THE MATTER IS SETTLED IN MAP, BOTH THE APPEALS OF A SSESSEE ARE DISMISSED AS WITHDRAWN. THE STAY APPLICATION HAS B ECOME INFRUCTUOUS, THE SAME IS ALSO DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS AND STAY APPLICA TION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28/05/2019 SD/- SD/- (PRASHANT MAHARISHI) (BHAVNES H SAINI) ACCOUNTANT MEMBER JUDICIAL ME MBER DATED: 28.05.2019 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO. 1204/D/17, 4843/D/17 & SA NO. 151/DEL/2019 JCB INDIA LIMITED DATE OF DICTATION 28.05.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 28.05.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 28.05.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P S/PS 28.05.2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 28.05.2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 28.05.2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 28.05.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28.0 5.2019 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER