DDIT, New Delhi V. M/s. Asia Satellite Telecommunications Co. Ltd., New Delhi

ITA 5869/DEL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2742 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-07-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 30-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUJ ARORA
• Assessee Lawyers: PRAKASH JOSHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.5869/DEL/2014 ASSESSMENT YEAR : 2009-10 DDIT, CIRCLE-1(1), INTERNATIONAL TAXATION, NEW DELHI. VS. ASIA SATELLITE TELECOMMUNICATIONS CO. LTD., C/O PRICEWATERHOUSE COOPERS, 11A, VISHNU DIGAMBER MARG, SUCHETA BHAWAN, NEW DELHI. PAN: AADCA7848N (APPELLANT) (RESPONDENT) ASSESSEE BY : MS KANCHAN KAUSHAL, CA, SHRI SANDEEP PURI, CA, SHRI ARJUN KHANDELWAL, CA, MS PARUL DASTIDAR, CA AND SHRI PRAKASH JOSHI, CA DEPARTMENT BY : SHRI ANUJ ARORA, CIT, DR DATE OF HEARING : 03.07.2017 DATE OF PRONOUNCEMENT : 05.07.2017 ORDER PER R.S. SYAL, VP: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A) ON 14.08.2014 IN RELATION TO THE ASSE SSMENT YEAR 2009-10. ITA NO.5869/DEL/2014 2 2. SHORN OF UNNECESSARY DETAILS, IT IS SEEN THAT TH E ASSESSMENT IN THIS CASE WAS MADE COMPUTING TAX PAYABLE ON TOTAL INCOME AT RS.21,91,54,269/-. THE ASSESSEE APPROACHED THE FIR ST APPELLATE AUTHORITY. PART RELIEF WAS ALLOWED. BOTH THE ASSESSEE AS WELL AS THE REVENUE PREFERRED APPEALS BEFORE THE TRIBUNAL ON THEIR RESPECTIVE STA NDS. IN THE MEAN TIME, THE ASSESSEE SETTLED THE MATTER UNDER THE DIRECT TA X DISPUTE RESOLUTION SCHEME, 2016. A COPY OF THE ORDER UNDER THIS SCHEME IN FORM NO.6 IS AVAILABLE ON PAGE 12 OF THE PAPER BOOK WHICH HAS RE FERENCE TO THE INSTANT APPEAL FILED BY THE ASSESSEE ALONG WITH THE AMOUNT OF DISPUTED TAX AS CALCULATED IN THE ASSESSMENT ORDER. IN THE LIGHT O F THE SETTLEMENT OF THE DISPUTE, THE APPEAL OF THE REVENUE HAS BECOME INFRU CTUOUS. CORRESPONDING APPEAL OF THE ASSESSEE FOR THE SAME Y EAR HAS ALREADY BEEN DISMISSED BY THE TRIBUNAL AS NOT SUSTAINABLE IN VIE W OF THE SETTLEMENT OF DISPUTE. IN CASE THE DEPARTMENT FINDS ANY INCONSIST ENCY IN THE PAPERS SUBMITTED BEFORE THE TRIBUNAL ABOUT THE SETTLEMENT OF DISPUTE, IT WILL BE OPEN TO IT TO TAKE REMEDIAL ACTION AGAINST THE ORDE R AS PER LAW. ITA NO.5869/DEL/2014 3 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 05.07.201 7. SD/- SD/- [KULDIP SINGH] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 05 TH JULY, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.