ROLLS ROYCE INDIA LTD.,GURGAON vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

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ITA 4953/DEL/2016Status: DisposedITAT Delhi05 January 2021AY 2007-083 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal decided to consign the appeal to record and treat it as dismissed, subject to the condition that if the dispute is not resolved under the Vivad Se Vishwas scheme, the assessee can seek reinstitution of the appeal.

What were the facts?

The assessee filed an appeal for assessment year 2007-08. The assessee requested an adjournment as they had opted for the Vivad Se Vishwas scheme.

What were the issues?

Whether an appeal should be dismissed when the assessee opts for a tax dispute resolution scheme, with a provision for reinstitution.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “I-2”: NEW DELHI

Before: SHRI R.K. PANDA & SHRI KULDIP SINGH

For Appellant: Shri S.S. Tomar, Advocate
For Respondent: Shri Anupam Kant Garg, CIT DR
Hearing: 05/01/2021

This appeal filed by the assessee is directed against the order dated 28th July, 2016 passed by the AO u/s 147/ 143(3)/ 144C(13)of the I.T. Act 1961 for the assessment year 2007-08.

2.

The Ld. Counsel for the assessee, requested for adjournment of the case on the ground that the assessee has opted for the Vivad Se Vishwas scheme 2020.

3.

Considering the aforesaid situation, the captioned appeal is consigned to record and treated as dismissed. However, the aforesaid is subject to a caveat that in case the dispute relating tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid scheme, 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. The Revenue has no objection with regard to the aforesaid caveat.

4.

In view of the aforesaid, the appeal of the assessee is consigned to record and for statistical purposes is treated as dismissed.

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