Samvardhana Motherson International Ltd., New Delhi V. ACIT, Circle-22(1), New Delhi

ITA 6839/DEL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0163 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I2
• Assessment Year: 2014-2015
• Appeal Filed On: 29-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAURAV DUDEJA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AN D SHRI K.N. CHARY , JUDICIAL MEMB ER ITA NO. 6439/DEL/2019 & ITA NO. 6839/DEL/2018 ASSESSMENT YEARS: 2015-16 & 2014-15 SAMVARDHANA MOTHERSON INTERNATIONAL LIMITED, F-7, BLOCK B-1, 2 ND FLOOR, MOHAN COOPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 (PAN: AAICS6115R) VS JCIT, CIRCLE-22(1), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: MS SHRUTI KHIMTA, ADVOCATE RESPONDENT BY: SHRI GAURAV DUDE JA, SR. DR DATE OF HEARING : 29.12.2020 DATE OF PRONOUNCEMENT : 29.12.2020 ORDER PER G.S. PANNU, VICE PRESIDENT THESE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF LEARNED JCIT, NEW DELHI DATED 14.06.2019 AND ORDER OF LEAR NED DCIT DATED 31.8.2018 RESPECTIVELY AND PERTAIN TO ASSESSMENT YEAR 2015-1 6 AND 2014-15 RESPECTIVELY. ITA 6439 & 6839/DEL/2019 2 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE HIS L ETTER DATED 23.12.2020, HAS REQUESTED FOR WITHDRAWAL OF THE APPEALS FILED BY TH E ASSESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEARS UNDER CONSIDERATION UNDER THE VIVA D SE VISHWAS SCHEME, 2020. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5 (1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FILED. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEALS ARE CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMEN T YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPEL LANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTI ON OF THE APPEALS AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WIT H REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEALS ARE CONSIG NED TO RECORD AND, FOR STATISTICAL PURPOSES, ARE TREATED AS DISMISSED. ITA 6439 & 6839/DEL/2019 3 ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 29 TH DECEMBER, 2020. SD/- SD/- (K.N. CHARY) ( G.S. PANNU ) JUDICIAL MEMBER VICE PRE SIDENT GS COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR