M/s. Rolls Royce Industrial Power (I) Ltd., New Delhi V. DCIT (International Taxation), Circle-3(1)(1), New Delhi

ITA 5388/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5190 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 22-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS AASHNA PAUL
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER I.T.A NO.5388/DEL/2017 (ASSESSMENT YEAR 201 4-15) M/S ROLLS ROYCE INDUSTRIAL POWER (I) LTD., K-39, CONNAUGHT PLACE, NEW DELHI-110 001. PAN-AAACR 7629B VS. DY. CIT, CIRCLE-3(1)(1), (INTERNATIONAL TAXATION), NEW DELHI-110 002. (APPELLANT) (RESPONDENT) APPELLANT BY SH. ANIL KUMAR, CA RESPONDENT BY MRS. AASHNA PAUL, CIT-DR DATE OF HEARING 20.04.2021 DATE OF PRONOUNCEMENT 20.04.2021 ORDER PER R.K. PANDA, AM: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAIN ST ORDER DATED 28.06.2017 PASSED BY THE LEARNED DEPUTY COMMI SSIONER OF INCOME TAX, CIRCLE-3(1)(1), (INTERNATIONAL TAXATION ), NEW DELHI FOR ASSESSMENT YEAR 2014-15. 2 ITA NO.53 88 /DEL/2017 M/S ROLLS ROYCE INDUSTRI AL POWER (I) LTD. VS. DCIT 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SUBMITS THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRE CT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. 3.0 CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGNED TO THE RECORDS AND TREATED AS DISMISSE D. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFO RESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TR IBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 3 ITA NO.53 88 /DEL/2017 M/S ROLLS ROYCE INDUSTRI AL POWER (I) LTD. VS. DCIT 5.0 IN VIEW OF THE AFORESAID, THE APPEAL IS CO NSIGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, IS TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CO NCLUSION OF VIRTUAL HEARING ON 20 TH APRIL, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (R.K.PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 20/04/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI