DCIT, CIRCLE-1(2), NEW DELHI vs. AFFLIAS INDIA P.LTD, DELHI

PDF · subscribers
ITA 2597/DEL/2018Status: DisposedITAT Delhi16 November 2022AY 2012-132 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal is liable to be dismissed because the entire addition was settled under the Vivad-se-Viswas Scheme. Additionally, the tax effect was below the threshold specified by CBDT Circular No. 17/2019.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order concerning an addition made on account of adjustment of Arm's Length Price (ALP). The assessee had also filed an appeal, which was dismissed as withdrawn.

What were the issues?

Whether the Revenue's appeal should be dismissed due to settlement under Vivad-se-Viswas and if the tax effect falls below the monetary limit for appeals.

Which sections of the Income-tax Act were involved?

Section 92C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHIBENCH ‘I’, NEW DELHI

Before: Dr. B. R. R. KumarSh. Yogesh Kumar US

For Appellant: Ms. Shubhangi Arora, AR
Hearing: 15.11.2022Pronounced: 16.11.2022

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the Revenue against the order of ld. CIT(A)-44, New Delhi dated 31.01.2018.

• Addition of Rs.1,45,00,998/- has been made on account of adjustment of ALP by the Assessing Officer.

• Aggrieved, the assessee filed appeal before the ld. CIT(A).

• The ld. CIT(A) confirmed the order of the AO.

• Aggrieved with the order of the ld. CIT(A), the assessee filed appeal before the Tribunal vide appeal No. 2710/Del/2008 and also an appeal has been filed by the Revenue vide appeal No. 2597/Del/2018 disputing the relief given on account of comparables.

• The assessee has opted for Vivad-Se-Viswas Act and reduced carry forward of unabsorbed losses and an unabsorbed depreciation.

• The Form 5 has been issued by ld. PCIT, Delhi-1 on 05.02.2021.

• The appeal of the assessee in has been dismissed as withdrawn by the ITAT vide order dated 20.01.2021.

• In view of the above, the appeal of the Revenue before us is liable to be dismissed owing to settlement of the entire addition under the Vivad-se-Viswas Scheme.

• Further, the tax effect of the case is Rs.44,80,080/- on the ALP adjustment of Rs.1,45,00,998/-, hence as per the CBDT Circular No. 17/2019 dated 08/08/2019 dealing with appeals of Revenue, the present appeal is liable to be dismissed.

2.

In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 16/11/2022.

More judgments on Section 92C

All 1,769 judgments and leading authorities on Section 92C →

Recent GST High Court judgments

Search GST case law →