Park Global Holdings Incorporated, United States of America V. DCIT Circle-2(2)(2), International Taxation, New Delhi

ITA 8300/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4254 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2016-2017
• Appeal Filed On: 18-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRABHA KANT
• Assessee Lawyers: DEEPIKA PASRICHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: D NEW DELHI BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND SHRI K.N. CHARY, JUDICIAL MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.8300/DEL./2019 ASSESSMENT YEAR: 2016-17 M/S. PARK GLOBAL HOLDINGS INCORPORATED, UNITED STATES OF AMERICA, C/O- RADISSON HOTELS PRIVATE LIMITED, FF, BLOCK- A, PLOT NO. 61, SEC-44, GURGAON VS. DCIT, CIRCLE -2(2)(2), INTERNATIONAL TAXATION, NEW DELHI PAN : AAFCP4533R (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE FINAL ASSESSMENT ORDER DATED 22.08.2019 PASSED BY THE LEA RNED ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-INTERN ATIONAL TAXATION-2(2)(2), NEW DELHI, IN PURSUANT TO THE DIR ECTION OF LEARNED DISPUTE RESOLUTION PANEL (DRP). APPELLANT BY MRS. DEEPIKA PASRICHA, CA RESPONDENT BY DR. PRABHA KANT, CIT DATE OF HEARING 11.02.2021 DATE OF PRONOUNCEMENT 11.02.2021 2 ITA NO. 8300/DEL./2019 3. THE LEARNED COUNSEL FOR THE ASSESEE, VIDE ITS LETT ER DATED 4 TH JANUARY, 2021, REQUESTED FOR WITHDRAWAL OF THE APPE AL AS THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION, UNDER THE VIVAD SE VISHWAS SCHEME, 2020. THE LEARNED COUNSEL SUBMITTED THAT THE ASSESSEE HAS ALSO RECEIVED FROM NO. 3, WHICH IS PLA CED ON RECORD. HOWEVER, SINCE THERE WAS CERTAIN TYPOGRAPHICAL ERRO R IN THE AMOUNTS IN FORM NO. 3, THE ASSESSEE HAS FILED A REC TIFICATION APPLICATION FOR AMENDING THE FIGURES IN FORM NO. 3, WHICH IS YET TO BE RECEIVED. SHE, THEREFORE, SEEKS PERMISSION T O WITHDRAW THE APPEAL, SUBJECT TO THE RECTIFICATION IN FORM NO. 3. 2. WE HAVE HEARD LEARNED REPRESENTATIVE OF BOTH THE P ARTIES THROUGH VIDEO CONFERENCING. 3. IN VIEW OF ABOVE, WE ACCEPT THE REQUEST OF THE ASS ESSEE FOR WITHDRAWAL OF THE APPEAL. HOWEVER, IF THE DISPUTE R ELATING TO TAX ARREARS IS NOT ULTIMATELY RESOLVED IN TERMS OF THE VIVAD SE VISHWAS SCHEME, 2020, THE ASSESSEE SHALL BE AT LIBE RTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF THE APP EAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. 4. IN VIEW OF THE AFORESAID, THE APPEAL OF THE ASSESS EE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (K.N. CHARY) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11 TH FEBRUARY, 2021. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 3 ITA NO. 8300/DEL./2019 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI