DCIT (International Taxation), New Delhi V. M/s. Posh Semco Pte Ltd., Singapore

ITA 912/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6946 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 22-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR PRABHA KANT
• Section: 143(3)

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER A N D SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 912/DEL/2016 (ASSESSMENT YEAR: 2012-13) DCIT , CIRCLE : 2 (2) (2), INTL. TAXATION, NEW DELHI. VS. M/S. POSH SEMCO PTE. LTD., NO.1 KIM SENG PROMENADE, 06-01 GREAT WORLD CITY, SINGAPORE 237 994. PAN: AAFCP1775P (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. DEEPIKA AGARWAL, C.A.; REVENUE BY: DR. PRABHA KANT [CIT] DR; DATE OF HEARING 2 7 / 0 1 / 202 1 DATE OF PRONOUNCEMENT 2 7 / 0 1/202 1 O R D E R PER AMIT SHUKLA, J. M. 1. THIS APPEAL IS FILED BY THE LD. DY. COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE 2(2)(2), NEW DELHI, AGAINST DIRECTIONS OF THE LD. DISPUTE RESOLUTION PANEL-2, FOR ASSESSMENT YEAR 2012-13 WHEREIN THE LD. ASSESSING OFFICER INCORPORATED SUCH DIRECTION IN ASSESSMENT ORDER DATED 21.12.2015 PASSED UNDER SECTION 143(3) READ WITH SECTION 144C(1) OF THE INCOME TAX ACT, 1961 (THE ACT). 2. AT THE TIME OF HEARING THE LD. AR SUBMITTED THAT IT HAS FILED A DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 AND FORM NO. 3 HAS ALSO BEEN ISSUED BY THE DA ON 28 TH DECEMBER, 2020. 3. THE LD. DR SUBMITTED THAT IN THAT CASE THE APPEAL IS DEEMED TO HAVE BEEN WITHDRAWN. 4. WE HAVE CAREFULLY CONSIDERED THE RELEVANT CERTIFICATE ISSUED IN FORM NO. 3 DATED 28 TH DECEMBER, 2020 UNDER SECTION 5(1) OF THE DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020. IN VIEW OF THIS THE APPEAL FILED BY THE REVENUE IS DEEMED TO HAVE BEEN WITHDRAWN. PAGE | 2 5. IN THE RESULT, APPEAL OF THE LD. AO IS TREATED AS WITHDRAWN AND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON : 27/01/2021. SD/- SD/- (PRASHANT MAHARISHI) ( AMIT SHUKLA ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 27/01/2021. *MEHTA* COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI DATE OF DICTATION 27.01.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 27.01.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 27.01.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/ PS 27.01.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 27.01.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 27.01.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 27.01.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27.01.2021 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER