ACIT, Circle- I, International Taxation, Dehradun V. Hampson Russel Ltd. Partnership, Dehradun

ITA 7480/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2366 (ITAT-DEHRADUN)
• Duration Of Justice: 3 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 12-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NAVEEN CHANDRA UPADHYAYA

Judgement Text

1 ITA NO. 7480/DEL/2017 & C.O NO. 29/DEL/2018 IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN CIRCUIT BENCH: DEHRADUN BEFORE MS SUCHITRA KAMBLE, JUDICIAL ME MBER AND DR. B. R. R. KUMAR, ACCOUNT ANT MEMBER ITA NO. 7480/DEL/2017( A.Y 2014-15) (THROUGH VIDEO CONFE RENCING) ACIT CIRCLE-1, INTERNATIONAL TAXATION, AAYAKAR BHAWAN, 13A-SUBHASH ROAD, DEHRADUN, UTTARAKHAND (APPELLANT) VS HAMPSON RUSSEL LTD. PARTNERSHIP C/O. NANGIA & CO. CAS, 1 ST FLOOR, ID 46, E.C. ROAD, DEHRADUN, UTTARAKHAND AADFH8957J (RESPONDENT) AND C.O NO. 29/DEL/2018 HAMPSON RUSSEL LTD. PARTNERSHIP C/O. NANGIA & CO. CAS, 1 ST FLOOR, ID 46, E.C. ROAD, DEHRADUN, UTTARAKHAND AADFH8957J (APPELLANT) VS ACIT CIRCLE-1, INTERNATIONAL TAXATION, AAYAKAR BHAWAN, 13A-SUBHASH ROAD, DEHRADUN, UTTARAKHAND (RESPONDENT) APPELLANT BY SH. AMIT ARORA, CA RESPONDENT BY SH. NAVEEN CHANDRA UPADHYAYA, SR. DR ORDER PER SUCHITRA KAMBLE, JM THE APPEAL IS FILED BY THE REVENUE AND CROSS OBJEC TION FILED BY THE ASSESSEE AGAINST THE ORDER DATED 27/09/2017 PASSED BY CIT(A)-2 FOR ASSESSMENT YEAR 2014-15. DATE OF HEARING 19.02.2021 DATE OF PRONOUNCEMENT 19.02.2021 2 ITA NO. 7480/DEL/2017 & C.O NO. 29/DEL/2018 2. BEFORE US, THE LD. AR SUBMITTED THAT THE ASSESS EE HAS MOVED AN APPLICATION TO RESOLVE THE PENDING ISSUE THROUGH DI RECT TAX VIVAD SE VISHWASH SCHEME (VSV) ACT, 2020, AND HAS FILED DECLARATION FORM NO. 1 & 2 AND RECEIVED FORM NO. 3 DATED 21.12.2020. 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDE RING THE SUBMISSIONS OF THE ASSESSEE, WE DISMISS THE APPEAL OF REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE IS ALSO DISMISSED AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED A SSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE REVENUE AND ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE INSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER THE SAME. THE APPEAL OF THE REVENUE IS DISMISSED AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE IS D ISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AND CRO SS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT IN PRESENCE OF B OTH THE PARTIES ON THIS 19 TH DAY OF FEBRUARY, 2021. SD/- SD/- (B. R. R. KUMAR) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL M EMBER DATED: 19/02/2021 R. NAHEED COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO. 7480/DEL/2017 & C.O NO. 29/DEL/2018