M/S. HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 2297/DEL/2016Status: DisposedITAT Delhi11 January 2021AY 2008-093 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 consigned the appeals to records and treated them as dismissed, subject to the condition that if the dispute is not resolved under the Vivad se Vishwas Act, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee, Hero Moto Corp Ltd., filed appeals against orders of the CIT(A) for AY 2007-08 and 2008-09. The assessee opted to settle the tax arrears under The Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the settlement of tax arrears under The Direct Tax Vivad se Vishwas Act, 2020, and its impact on the pending appeals.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

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

For Appellant: Ms. Manisha Sharma, Adv
Hearing: 11.01.2021Pronounced: 11.01.2021

ORDER PER BENCH: Both the appeals have been preferred by the assessee against the separate orders dated 02.03.2016 & 09.02.2016 passed

Delhi {CIT(A)} for Assessment Years: 2008-09 & 2007-08.

2.

The Ld. Authorized Representative (AR) submits that the assessee has opted to settle the dispute relating to the tax arrears for the assessment years under consideration under The Direct Tax Vivad se Vishwas Act, 2020. It has been stated that the necessary declaration in accordance with Section 4 of The Direct Tax Vivad se Vishwas Act, 2020 has been filed by the assessee.

3.

Considering the aforesaid situation, the captioned appeals are consigned to the records and treated as dismissed.

4.

However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years are not ultimately resolved in terms of the aforestated Act, the appellant (i.e., the assessee) shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such applications appropriately as per law. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat. records and, for statistical purposes, are treated as dismissed.

Above decision was announced on conclusion of Virtual Hearing on 11th January, 2021.

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