DCIT, NEW DELHI vs. M/S. REED ELSEVIER (INDIA) P. LTD., GURGAON

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ITA 9/DEL/2014Status: HeardITAT Delhi30 November 2021AY 2008-092 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The Tribunal dismissed the Revenue's appeal as withdrawn, subject to the condition that if the dispute is not resolved under the VSV scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee opted for the Vivad Se Vishwas (VSV) scheme and filed the necessary declarations. The Revenue had no objection to the assessee's request.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee's participation in the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

N/A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

For Appellant: Shri Yeshu Goel, C.A
For Respondent: Shri Kanv Bali, Sr. D.R
Hearing: 30.11.2021Pronounced: 30.11.2021

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. K. NARASIMHA CHARY, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) (Assessment Year : 2008-09) Dy. CIT Vs. M/s. Reed Elsevier (India) Circle – 15(1), Pvt. Ltd. New Delhi 14th Floor, Building 10, Tower – B, DLF Cyber Complex, DLF City Phase – II, Gurgaon – 122002 Haryana PAN : AAACR 4727 J (APPELLANT) (RESPONDENT) Assessee by Shri Yeshu Goel, C.A. Revenue by Shri Kanv Bali, Sr. D.R. Date of hearing: 30.11.2021 Date of Pronouncement: 30.11.2021 ORDER PER ANIL CHATURVEDI, AM:

This appeal filed by the Revenue is directed against the order dated 01.10.2013 of the Commissioner of Income Tax (Appeals)-XX, New Delhi relating to Assessment Year 2008-09.

2.

Before us, assessee has moved an application wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV)

2020 and has filed the declaration (Form-1) and undertaking (Form-2) Scheme and department had issued Form-3. The assessee therefore seeks to withdraw the appeal, to which the Revenue has no objection.

3.

After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. With these directions, appeal of the assessee is dismissed as withdrawn.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced in the open court on 30.11.2021, immediately after conclusion of the hearing of the matter in virtual mode.

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