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[Cites 1, Cited by 1]

Income Tax Appellate Tribunal - Delhi

Dcit, Int. Tax. Circle-2(2)(2), New ... vs Oracle America Inc., Usa on 16 July, 2021

              IN THE INCOME TAX APPELLATE TRIBUNAL
                      DELHI BENCH 'A': NEW DELHI
                      (Through Video Conferencing)


          BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND
                 SHRI KUL BHARAT, JUDICIAL MEMBER
                          ITA No.9288/Del/2019
                       Assessment Year : 2014-15

M/s     Oracle    America     Inc.,   2711,      Vs.    The DCIT (Intl Txn),
Centreville Road, Suite 400, City of                    Circle-2(2)(2), New
Willington, 19808, Country of Casstle,                  Delhi
USA-999999
PAN-AABCO8080C
(Appellant)                                                 (Respondent)


                          ITA No.9346/Del/2019
                       Assessment Year : 2014-15

The DCIT (Intl Txn),        Vs.   M/s        Oracle    America   Inc.,   2711,
Circle-2(2)(2), New               Centreville Road, Suite 400, City of
Delhi                             Willington, 19808, Country of Casstle,
                                  USA-999999
                                  PAN-AABCO8080C
(Appellant)                             (Respondent)


           Appellant by           :   None
           Respondent by          :   Sh. M. Baranwal, Sr. DR


          Date of hearing                :     16.07.2021
          Date of pronouncement          :     16.07.2021
                                        2                      ITAs-9346,9288/Del/2019



                                    ORDER

PER G.S. PANNU, VP :

These cross appeals by the assessee as well as by the Revenue for the assessment year 2014-15 are directed against the order of learned CIT(A)-43, New Delhi, dated 30.09.2019.

2. None appeared on behalf of the assessee at the time of Virtual Hearing before us. However, the Assessee's Authorised Signatory vide letter dated 16.06.2021 has requested for withdrawal of the appeal filed by the assessee and dismissal of the appeal filed by the revenue and also stated that assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed in respect of both the appeals of the assessee and revenue issued by the Ld. CIT(IT), Delhi-2 on 13.2.2021 showing balance amount refundable after adjusting amount already paid, as per the Form.

3. Learned Senior DR has no objection.

4. In view of the above, we accept the request of the assessee's A.R. for dismissal of the Revenue's appeal and also accept the request for withdrawal of the appeal filed by the Assessee for the same assessment year i.e. 2014-15.

5. In the result, the appeal filed by the Revenue is dismissed having 3 ITAs-9346,9288/Del/2019 become infructuous and Assessee's appeal is dismissed as withdrawn.

Above decision was pronounced on conclusion of Virtual Hearing on 16.07.2021.

               Sd/-                                           Sd/-
         (KUL BHARAT)                                   (G.S. PANNU)
       JUDICIAL MEMBER                                 VICE PRESIDENT
SRB


Copy forwarded to: -
1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR, ITAT                                        By Order


                                                Assistant Registrar