DCIT, Circle- 21(1), New Delhi V. Reebok India Company, New Delhi

ITA 7430/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8743 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 11-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M BARNWAL
• Assessee Lawyers: ROMIT KATYAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2 NEW DLEHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.7383/DEL/2017 ASSESSMENT YEAR: 2012-13 REEBOK INDIA COMPANY VS. DCIT, CIRCLE 21(1), C/O PRICE WATERHOUSE COOPERS NEW DELHI. (P) LTD., SUCHETA BHAWAN, GATE NO.2, 1 ST FLOOR, 11A, VISHNU DIGAMBAR MARG, NEW DELHI. PAN : AAACR3007K ITA NO.7430/DEL/2017 ASSESSMENT YEAR: 2012-13 DCIT, CIRCLE 21(1), VS. REEBOK INDIA COMPANY NEW DELHI. C/O PRICE WATERHOUSE COOPERS (P) LTD., SUCHETA BHAWAN, GATE NO.2, 1 ST FLOOR, 11A, VISHNU DIGAMBAR MARG, NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. ROMIT KATYAL, ADV. REVENUE BY : SH. M. BARNWAL, SR. DR DATE OF HEARING: 11/01/2021 DATE OF ORDER : 11/01/2021 2 ORDER PER ANIL CHATURVEDI, AM: THESE ARE CROSS APPEALS BY THE ASSESSEE AND REVEN UE FOR ASSESSMENT YEAR 2012-13, AGAINST THE ORDER OF LEARN ED COMMISSIONER OF INCOME-TAX (APPEALS)-44, NEW DELHI (CIT(A)) DATED 1 0.10.2017. 2. LEARNED COUNSEL FOR THE ASSESSEE, VIDE LETTER DA TED 8 TH JANUARY, 2021, HAS INTIMATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS UNDER THE VIVAD SE VISH WAS ACT, 2020 (IN SHORT THE ACT) FOR THE ASSESSMENT YEAR UNDER CONSIDERAT ION AND REQUESTED FOR WITHDRAWAL OF ITS APPEAL. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL OF THE ASSESSEE IS CONSIGNED TO RECORDS AND TREATED AS DIS MISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE ACT, THE ASSESS EE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPE AL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PE R LAW. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. SO FAR AS THE APPEAL OF REVENUE IS CONCERNED, AS SUBMITTED BY LD. DR, THE STANDING INSTRUCTIONS ARE THAT IT IS ONLY I F THE ASSESSEE MAKES PAYMENT SUBSEQUENT TO THE PROCESSING OF THE CASE UN DER VIVAD SE VISHWAS TAK SCHEME,2020, THE REVENUE WILL SEEK WITH DRAWAL OF THE CASE. IN VIEW OF THIS, WE MAKE IT CLEAR THAT IN CASE ANY OBJECTION ARISES IN ISSUANCE OF FORM 3 OR IN ASSESSEE MAKING ANY PAYMEN T SUBSEQUENT THERETO, THE REVENUE SHALL BE AT LIBERTY TO APPROAC H THE COURT. 3 5. IN VIEW OF THE AFORESAID, BOTH THE APPEALS OF AS SESSEE AND REVENUE ARE CONSIGNED TO RECORD AND, FOR STATISTICA L PURPOSES, ARE TREATED AS DISMISSED. ORDER WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEAR ING IN THE PRESENCE OF BOTH THE PARTIES ON 11 TH JANUARY, 2021. SD/- SD/- (K. NARASIMHA CHARY) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11/01/2021 AKS