DCIT, CIRCLE- 11(1), NEW DELHI vs. HERO INVESTMENT PVT. LTD. (NOW AMALGAMATED INTO M/S. HERO MOTOCORP LTD.), LUDHIANA

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ITA 24/DEL/2019Status: DisposedITAT Delhi20 December 2021AY 2011-124 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 dismissed the Revenue's appeal in limine because the assessee opted for the Vivad Se Vishwas Scheme. The Revenue can seek restoration if the assessee fails to avail the scheme's benefits.

What were the facts?

The Revenue filed an appeal against an order that reversed additions made by the Assessing Officer under Section 14A. The assessee sought to avail the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘C’: NEW DELHI

Before: SHRI C.N. PRASAD & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Gaurav Jain, Adv
For Respondent: Shri T. Kipgen , CIT(DR), Shri Gaurav Jain, Adv
Hearing: 20.12.2021Pronounced: 20.12.2021

The captioned appeal has been filed by the Revenue against the order passed by the Commissioner of Income Tax (Appeals)-2, Ludhiana,(“CIT”, for short) dated 30.10.2018 arising from the Assessment Order passed by the Assessing Officer under ITA No.-24/Del/2019 Hero Investment Pvt. Ltd. Section 143(3) of the Income Tax Act, 1961, (“the Act”, for short) dated 29.01.2014 concerning Assessment Year 2011-12.

2.

As per its grounds of appeal, Revenue has challenged the reversal of additions made by the Assessing Officer under section 14A of the Act.

3.

When the captioned appeal of Revenue was called for hearing, the Ld. Counsel for the assessee, at the outset submitted that the assessee has sought to avail ‘Vivad Se Vishwas Scheme, 2020’ (VSVS) read with Rule framed thereunder. The necessary formality in this regard was stated to be carried out with the Revenue Authorities. The Ld. Counsel accordingly submitted that he does not seek to defend the said appeal owing to exercise of option for availing the VSV Scheme and consequently urged that assessee’s request for closure of Revenue’s appeal may be granted.

4.

The Ld. CIT (DR) for Revenue stated that he has no objection to withdrawal of revenue appeal having regard to the application from assessee to avail ongoing scheme.

5.

In the light of written request made on behalf of the Assessee, the captioned appeal by Revenue is dismissed in limine. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, the Revenue will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

6.

In the result, the captioned appeal of Revenue is dismissed, in limine.

ITA No.-24/Del/2019 Hero Investment Pvt. Ltd. Order pronounced in the open court on _ 20 /12/2021.

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