Kobelco Construction Equipment India Pvt. Ltd., Noida V. Addl. CIT, New Delhi

ITA 6638/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9380 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2009-2010
• Appeal Filed On: 28-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH I-2 : NEW DELHI) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA NO.6638/DEL./2016 (ASSESSMENT YEAR : 2009-10) M/S. KOBELCO CONSTRUCTION EQUIPMENT INDIA VS. ADD L.CIT, RANGE 5, PRIVATE LIMITED, NEW DELHI. H 200, SECTOR 63, NOIDA 201 307 (UTTAR PRADESH). (PAN : AACCK9469N) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI YASH VARMAN, ADVOCATE SHRI BHUWAN DHOOPAR, ADVOCATE REVENUE BY : SHRI ANUPAM KANT GARG, CIT DR DATE OF HEARING : 04.01.2021 DATE OF ORDER : 04.01.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, M/S. KOBELCO CONSTRUCTION EQUIPMENT INDI A PRIVATE LIMITED (HEREINAFTER REFERRED TO AS THE AS SESSEE), BY FILING THE PRESENT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNE D ORDER DATED 10.08.2016 PASSED BY LD. CIT (A)-44, NEW DELHI QUA THE ASSESSMENT YEAR 2009-10. ITA NO.6638/DEL./2016 2 2. LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATIO N SEEKING ADJOURNMENT OF THE CASE ON THE GROUND THAT THE ASSE SSEE 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. 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 4 TH DAY OF JANUARY , 2021 AFTER THE CONCLUSION OF THE VIRTUAL HEARING. SD/- SD/- (R.K. PANDA) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 4 TH DAY OF JANUARY, 2021 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-44, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.