Rolls Royce India Ltd., Gurgaon V. DCIT (International Taxation), New Delhi

ITA 4953/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9066 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2007-2008
• Appeal Filed On: 16-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AO US COF I T ACT ASS
• Section: 22

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO. 4953/DEL/2016 ASSTT. YEAR 2007-08 M/S. ROLLS ROYCE INDIA LIMITED C/O BMR & ASSOCIATES LLP 22 ND FLOOR, BUILDING NO. 5, TOWER A, DLF CYBER CITY DLF PHASE III, GURGAON PAN AAACR4693K VS. DCIT (INTERNATIONAL TAXATION) CIRCLE 3(1)(1)28TH NEW DELHI. (APPELLANT) (RESPONDENT) O R D E R PER R.K. PANDA, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 28 TH JULY, 2016 PASSED BY THE AO U/S 147/ 143(3)/ 144C(13)OF THE I.T. ACT 1961 FOR THE ASSESSMENT YEAR 2007-08. ASSESSEE BY: SHRI S.S. TOMAR, ADVOCATE DEPART MENT BY : SHRI ANUPAM KANT GARG, CIT DR DATE OF HEARING 05 /01 /20 2 1 DATE OF PRONOUNCEMENT 05 / 01 /202 1 ITA NO. 4953/DEL/2016 2 2. THE LD. COUNSEL FOR THE ASSESSEE, REQUESTED FOR ADJOURNMENT OF THE CASE ON THE GROUND THAT THE ASSESSEE HAS OPTED FOR THE VIVAD SE VISHWAS SCHEME 2020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGNED TO RECORD AND TREATED AS DISMISSED. 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 ASSESSEE 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. IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESSEE IS CONSIGNED TO RECORD AND FOR STATISTICAL PURPOSES IS TREATED AS DISMISSED. 5. THE ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOTH THE SIDES ON CONCLUSION OF VIRTUAL HEARING ON 5 TH JANUARY, 2021. SD/- SD/- (KULDIP SINGH) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 05/01/2021 ITA NO. 4953/DEL/2016 3 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI