ACIT, CIRCLE- 1, LTU, NEW DELHI V. GAIL (INDIA) LTD., NEW DELHI

ITA 5578/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1167 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 1999-2000
• Appeal Filed On: 01-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: C NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.5578/DEL./2017 ASSESSMENT YEAR: 1999-2000 ACIT, CIRCLE-1, LTU, NEW DELHI VS. GAIL (INDIA) LTD., 16, BHIKAJI CAMA PLACE, NEW DELHI PAN :AAACG1209J (APPELLANT) (RESPONDENT) AND ITA NO.5262/DEL./2017 ASSESSMENT YEAR: 1999-2000 GAIL (INDIA) LTD., V.K. MISHRA, GM (F&A), GAIL INDIA LTD., 16, BHIKAJI CAMA PLACE, NEW DELHI VS. DCIT-LTU, NEW DELHI PAN : AAACG1209J (APPELLANT) (RESPONDENT) ORDER PER AMIT SHUKLA, JM: THESE APPEALS BY THE REVENUE AND THE ASSESSEE FOR T HE ASSESSMENT YEAR 1999-2000 ARE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (A)-22, NEW DELH I, DATED 14.06.2017. ASSESSEE BY SHRI VIBHU GUPTA, CA DEPARTMENT BY MS. SUNITA SINGH, CIT(DR) DATE OF HEARING 05.01.2021 DATE OF PRONOUNCEMENT 05.01.2021 2 ITA NO. 5578/DEL./2017 & ITA NO.5262/DEL./2017 2. AT THE OUTSET, THE ASSESSEE, VIDE ITS LETTER DATED 04.01.2021, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL AS THE A SSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARR EARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION, UNDER THE VIV AD SE VISHWAS SCHEME, 2020 AND HAS APPLIED FORM NOS. 1 AN D 2 FOR THE SAME BEFORE THE DESIGNATED AUTHORITY. 3. HOWEVER, IT IS SUBMITTED BY THE APPLICANT THAT THE AFORESAID BE SUBJECTED TO A CAVEAT THAT IN CASE THE DISPUTE R ELATING TO TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED SCH EME, THE PARTIES SHALL BE AT LIBERTY TO APPROACH THE TRIBUNA L FOR REINSTITUTION OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. AS THE LEARNE D DR HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT, ACCO RDINGLY, WE HOLD SO. 4. IN VIEW OF THE AFORESAID, THE CAPTIONED APPEALS OF THE REVENUE AS WELL AS ASSESSEE ARE DISMISSED AS WITHDR AWN. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH JANUARY, 2021. SD/- SD/- (O.P. KANT) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 5 TH JANUARY, 2021. RK/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI