Rolls Royce India Ltd., Gurgaon V. DCIT, circle-3(1)(1) (International Taxation), New Delhi

ITA 7866/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5111 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2002-2003
• Appeal Filed On: 27-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUSHMA SINGH
• Assessee Lawyers: S S TOMAR
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES F : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA.NO.7862, 7863, 7864, 7865, 7866, 7867, 7868 & 7869/DEL./2019 ASSESSMENT YEARS 1998-99, 1999-2000, 2000-01, 2001-02, 2002-03, 2003-04, 2004-05 & 2005-2006 M/S. ROLLS ROYCE INDIA LIMITED, GURGAON. PAN AAACR4693K C/O. DELOITTE TOUCH TOHAMATSU INDIA LLP, 7 TH FLOOR, BUILDING 10, TOWER-B, DLF CYBER CITY, GURGAON. HARYANA. PIN 122 002 [ VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3 (1)(1), INTERNATIONAL TAXATION, NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI S.S. TOMAR, ADVOCATE. FOR REVENUE : SMT. SUSHMA SINGH, CIT-DR DATE OF HEARING : 12 .10.2020 DATE OF PRONOUNCEMENT : 12 .10.2020 ORDER PER BENCH : ALL THE ABOVE APPEALS BY ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-43, NEW DELHI, DATED 31.07.2019, FOR THE A.YS. 1998-1999 TO 2005-2006. 2 ITA.NO.7862 TO 7869 /DEL./2019 M/S. ROLLS ROYCE INDIA LIMITED, GURGAON. 2. WE HAVE HEARD THE LEARNED REPRESENTATIVE OF BOTH THE PARTIES THROUGH VIDEO CONFERENCING AND PERUSED THE MATERIAL AVAILABLE ON RECORD. 3. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT ASSESSEE HAS FILED DECLARATIONS IN FORM NOS.1 AND 2 WITH THE INCOME TAX DEPARTMENT UNDER THE DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020 TO SETTLE THE MATTERS. HE HAS, THEREFORE, SUBMITTED THAT APPEALS COULD BE DISPOSED OF IN TERMS THERETO. 4. IN VIEW OF THE ABOVE FACT, SINCE ASSESSEE HAS AVAILED THE BENEFIT UNDER VIVAD SE VISHWAS SCHEME, 2020 TO SETTLE THE MATTERS, THEREFORE, THE APPEALS OF THE ASSESSEE STANDS DISPOSED OF IN TERMS THEREOF, SUBJECT TO APPROVAL OF THE SAME BY THE COMPETENT AUTHORITY. APPEALS OF THE ASSESSEE ARE ACCORDINGLY DISPOSED OF. 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE ARE DISPOSED OF. 3 ITA.NO.7862 TO 7869 /DEL./2019 M/S. ROLLS ROYCE INDIA LIMITED, GURGAON. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (RAMIT KOCHAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 12 TH OCTOBER, 2020 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT F BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.