Qualcomm India Pvt. Ltd., New Delhi V. Addl. CIT, Special Range-7, New Delhi

ITA 618/DEL/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8838 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I2
• Assessment Year: 2014-2015
• Appeal Filed On: 29-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: YOGESH VERMA
• Assessee Lawyers: GAYATRI DUTT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. K. NARASIMHA CHARY, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 618/DEL/2019 (ASSESSMENT YEAR : 2014-15) QUALCOMM INDIA PVT. LTD. (SUCCESSOR OF M/S IKANOS COMMUNICATION (INDIA) PVT. LTD.), UNIT NO.201, 2 ND FLOOR, TOLSTOY HOUSE, 15-TOLSTOY MARG, NEW DELHI-110001 PAN : AAACQ 0231 C VS. ACIT SPECIAL RANGE 7, NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY MS. GAYATRI DUTT, ADV. REVENUE BY SHRI YOGESH VERMA, CIT - D.R. DATE OF HEARING: 02.08.2021 DATE OF PRONOUNCEMENT: 02 .0 8 .2021 ORDER PER ANIL CHATURVEDI, JM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 29.11.2018 OF THE COMMISSIONER OF INCOME TAX, SPECIAL RANGE-7, NEW DELHI RELATING TO ASSESSMENT YEAR 2014-15 2. BEFORE US, ASSESSEE HAS MOVED AN APPLICATION DATED 04.01.2021 WHEREIN THE ASSESSEE HAS STATED THAT IT HAS OPTED FOR 2 VIVAD SE VISHWAS (VSV) 2020 AND HAS FILED THE DECLARATION (FORM- 1) AND UNDERTAKING (FORM-2) SCHEME AND DEPARTMENT HAD ISSUED FORM-3. THE ASSESSEE, THEREFORE, SEEKS TO WITHDRAW THE APPEAL TO WHICH REVENUE HAS NO OBJECTION. 3. AFTER CONSIDERING THE REQUEST MADE BY THE ASSESSEE, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. WITH THESE DIRECTIONS THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02.08.2021, IMMEDIATELY AFTER CONCLUSION OF THE HEARING OF THE MATTER IN VIRTUAL MODE. SD/- SD/- (K. NARASIMHA CHARY) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE:- 02.08.2021 PY* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI