DCIT, Circle-10(1), New Delhi V. Gates India P.Ltd, New Delhi

ITA 4960/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7945 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 03-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHUBHANGI ARORA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES C : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA.NO.4960/DEL./2017 ASSESSMENT YEAR 2013-2014 THE DCIT, CIRCLE - 10(1), ROOM NO.238A, C.R. BUILDING, I.P. ESTATE, NEW DELHI 110 002. [ VS. M/S. GATES INDIA PVT. LTD., C-434, DEFENCE COLONY, NEW DELHI 024. PAN AAACA8125F (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI VIPUL KASHYAP, SR. DR FOR ASSESSEE : MS. SHUBHANGI ARORA, C.A. DATE OF HEARING : 31.03.2021 DATE OF PRONOUNCEMENT : 31.03.2021 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-4, NEW DELHI, DATED 11.05.2017, FOR THE A.Y. 2013-2014. 2. LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT ASSESSEE HAS OPTED TO SETTLE THE MATTER IN DEPARTMENTAL APPEAL IN VIVAD SE VISHWAS SCHEME 2 ITA.NO.4960/DEL./2017 M/S. GATES INDIA PVT. LTD., NEW DELHI. 2020 AND FORM NO.5 DATED 08.12.2020 HAVE ALSO BEEN ISSUED IN FAVOUR OF THE ASSESSEE. COPY OF THE SAME IS PLACED ON RECORD. HE HAS, THEREFORE, SUBMITTED THAT DEPARTMENTAL APPEAL HAS NOW BECOME INFRUCTUOUS. 3. THE LD. D.R. HAS NO OBJECTION TO THE SAME. 4. CONSIDERING THE ABOVE, IT IS CLEAR THAT SINCE DEPARTMENTAL APPEAL IS SETTLED IN VIVAD SE VISHWAS SCHEME, 2020 AND TAX HAVE BEEN PAID BY ASSESSEE AND FORM NO.5 HAVE ALREADY BEEN ISSUED IN FAVOUR OF THE ASSESSEE, THEREFORE, THE DEPARTMENTAL APPEAL HAS BECOME INFRUCTUOUS. THE SAME IS ACCORDINGLY DISPOSED OF. 5. IN THE RESULT, DEPARTMENTAL APPEAL DISPOSED OF. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (N.K. BILLAIYA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 31 ST MARCH, 2021 VBP/- 3 ITA.NO.4960/DEL./2017 M/S. GATES INDIA PVT. LTD., NEW DELHI. COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT C BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.