Pepsico India Holdings Pvt. Ltd., Gurgaon V. ACIT, Central Circle- 7 , New Delhi

ITA 7428/DEL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3788 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 22-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWA L SENIOR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU, ,, , VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 7428 7428 7428 7428 /DEL/201 /DEL/201 /DEL/201 /DEL/201 8 88 8 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : 20 : 20 : 20 : 20 08 0808 08 - -- - 09 0909 09 M/S PEPSICO INDIA HOL M/S PEPSICO INDIA HOL M/S PEPSICO INDIA HOL M/S PEPSICO INDIA HOL DINGS DINGS DINGS DINGS PRIVATE LIMITED, PRIVATE LIMITED, PRIVATE LIMITED, PRIVATE LIMITED, PIONEER SQUARE, PIONEER SQUARE, PIONEER SQUARE, PIONEER SQUARE, LEAVEL 3 LEAVEL 3 LEAVEL 3 LEAVEL 3- -- -6, SECTOR 6, SECTOR 6, SECTOR 6, SECTOR- -- -62, 62, 62, 62, NEAR GOLF COURSE EXTENSION NEAR GOLF COURSE EXTENSION NEAR GOLF COURSE EXTENSION NEAR GOLF COURSE EXTENSION ROAD, GURUGRAM, ROAD, GURUGRAM, ROAD, GURUGRAM, ROAD, GURUGRAM, HARYANA HARYANA HARYANA HARYANA 122 101. 122 101. 122 101. 122 101. PAN : AAACP1272G. PAN : AAACP1272G. PAN : AAACP1272G. PAN : AAACP1272G. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -7 77 7, ,, , NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI M. BARANWAL, SENIOR DR. DATE OF HEARING : 06.11 06.11 06.11 06.11.2020 .2020 .2020 .2020 DATE OF PRONOUNCEMENT : 06.11 06.11 06.11 06.11.2020 .2020 .2020 .2020 ORDER ORDER ORDER ORDER PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU, , , , VP VPVP VP : :: : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2008-09 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-24, NE W DELHI DATED 18 TH SEPTEMBER, 2018. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE LETTE R DATED 16 TH OCTOBER, 2020 HAS REQUESTED FOR WITHDRAWAL OF THE A PPEAL FILED BY THE ASSESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. A CERTIFI CATE TO THIS EFFECT UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHW AS ACT, 2020 HAS ALSO BEEN FILED. ITA-7428/DEL/2018 2 3. LEARNED SENIOR DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF T HE ASSESSEE FOR WITHDRAWAL OF THE APPEAL. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 6 TH NOVEMBER, 2020. SD/- SD/- ( (( ( SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA ) )) ) (G.S. PANNU (G.S. PANNU (G.S. PANNU (G.S. PANNU ) )) ) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : M/S PEPSICO INDIA HOLDINGS PRIVATE LIMITED, M/S PEPSICO INDIA HOLDINGS PRIVATE LIMITED, M/S PEPSICO INDIA HOLDINGS PRIVATE LIMITED, M/S PEPSICO INDIA HOLDINGS PRIVATE LIMITED, PIONEER SQUARE, LEAVEL 3 PIONEER SQUARE, LEAVEL 3 PIONEER SQUARE, LEAVEL 3 PIONEER SQUARE, LEAVEL 3- -- -6, SECTOR 6, SECTOR 6, SECTOR 6, SECTOR- -- -62, 62, 62, 62, N NN NEAR GOLF COURSE EXTENSION ROAD, GURUGRAM, EAR GOLF COURSE EXTENSION ROAD, GURUGRAM, EAR GOLF COURSE EXTENSION ROAD, GURUGRAM, EAR GOLF COURSE EXTENSION ROAD, GURUGRAM, HARYANA HARYANA HARYANA HARYANA 122 101. 122 101. 122 101. 122 101. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TA X, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -7, NEW DELHI. 7, NEW DELHI. 7, NEW DELHI. 7, NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR