M/s. Cargill India Pvt. Ltd., New Delhi V. ACIT, New Delhi

ITA 6016/DEL/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1589 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2005-2006
• Appeal Filed On: 05-11-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWA L SENIOR
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH I-2 : NEW DELHI) BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCE) ITA NO.6016/DEL./2014 (ASSESSMENT YEAR : 2005-06) M/S. CARGILL INDIA PVT. LTD., VS. ACIT, CIRCLE 3 (1), 111, RECTANGLE 1, SAKET DISTRICT CENTRE, NEW DELHI . SAKET, NEW DELHI 110 017. (PAN : AAACC3269J) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI NAGESHWAR RAO, ADVOCATE REVENUE BY : SHRI M. BARANWAL, SENIOR DR DATE OF HEARING : 15.02.2021 DATE OF ORDER : 15.02.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, M/S. CARGILL INDIA PVT. LTD. (HEREINAFTE R REFERRED TO AS THE ASSESSEE), BY FILING THE PRESENT APPEAL , SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 15.12.2008 PASSED B Y THE ASSESSING OFFICER U/S 143 (3) OF THE INCOME-TAX ACT , 1961 (FOR SHORT THE ACT) QUA THE ASSESSMENT YEAR 2005-06. ITA NO.6016/DEL./2014 2 2. LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATIO N SEEKING WITHDRAWAL OF THE APPEAL ON THE GROUND THAT THE ASS ESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS F OR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWA S SCHEME, 2020 AND HAS FILED NECESSARY FORMS 1 & 2 WITH THE TAX DEPARTMENT, WHICH WAS ACCEPTED AND PROCESSED VIDE F ORM 3 ISSUED BY THE TAX DEPARTMENT. 3. KEEPING IN VIEW THE AFORESAID FACTS, PRESENT APP EAL IS HEREBY DISMISSED WITH LIBERTY TO GET IT RESTORED BY THE AS SESSEE IN CASE DISPUTE IS NOT SETTLED AS PER SCHEME. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. CONSEQUENTLY, THE PRESENT APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 15 TH DAY OF FEBRUARY , 2021 AFTER THE CONCLUSION OF THE VIRTUAL HEARING. SD/- SD/- (PRASHANT MAHARISHI) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 15 TH DAY OF FEBRUARY, 2021 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A). 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.