ONGC Videsh Ltd., New Delhi V. Addl.CIT, Special Range- 7, New Delhi

ITA 6393/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9067 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 17-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO. 6393/DEL/2017 ASSTT. YEAR 2012-13 ONGC VIDESH LTD. 3 RD FLOOR, TOWER B, DEENDAYAL URJA BHAWAN, 5 NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI 110 070 VS. ACIT SPECIAL RANGE 7, NEW DELHI. (APPELLANT) (RESPONDENT) O R D E R PER R.K. PANDA, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 31 ST JULY, 2017 PASSED BY THE LD. CIT (A)-42 NEW DELHI RELATING TO ASSESSMENT YEAR 2012-13. ASSESSEE BY: SHRI ANKIT AGGARWAL, CA DEPARTMENT BY : SHRI ANUPAM KANT GARG, CIT DR DATE OF HEARING 0 5 /01 /20 2 1 DATE OF PRONOUNCEMENT 05 / 01 /202 1 ITA NO. 6393/DEL/2017 2 2. THE LD. COUNSEL FOR THE ASSESSEE, REQUESTED FOR ADJOURNMENT OF THE CASE ON THE GROUND THAT ASSESSEE HAS OPTED FOR THE VIVAD SE VISHWAS SCHEME 2020 AND FORM NO. 3 IS STILL AWAITED. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEAL IS CONSIGNED TO RECORD AND TREATED AS DISMISSED. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID SCHEME, 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. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 4. IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESSEE IS CONSIGNED TO RECORD AND FOR STATISTICAL PURPOSES IS TREATED AS DISMISSED. ITA NO. 6393/DEL/2017 3 5. THE ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOTH THE SIDES AND ON CONCLUSION OF VIRTUAL HEARING ON 5 TH JANUARY, 2021. SD/- SD/- (KULDIP SINGH) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 05/01/2021 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI