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Income Tax Appellate Tribunal - Delhi

Dcit, New Delhi vs M/S Turner General Entertainment ... on 25 January, 2021

                IN THE INCOME TAX APPELLATE TRIBUNAL
                     DELHI BENCH 'F': NEW DELHI
                     (Through Video Conferencing)
                      BEFORE,
      SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER
                        AND
        SHRI A.N.MISSHRA, ACCOUNTANT MEMBER
                     ITA No.226/Del/2016
                  (ASSESSMENT YEAR 2008-09)

Dy. CIT,                              M/s Turner General
Circle-25(2),                      Entertainment Network
New Delhi.                                      India Ltd.
                          Vs.   (formerly known as NDTV
                                             Imagine Ltd.)
                                       5 Floor, Redisson
                                         t h

                                        Commercial Plaza,
                                   National Highway No.8,
                                              Mahipalpur,
                                      New Delhi-110 037.
                                       PAN -AACCN 3434E
(Appellant)                               (Respondent)

                    ITA No.1772/Del/2017
                  (ASSESSMENT YEAR 2009-10)
Addl. CIT,                          M/s Turner General
Special Range-9,                 Entertainment Network
New Delhi.                                    India Ltd.
                          Vs.        5 Floor, Redisson
                                       t h

                                      Commercial Plaza,
                                 National Highway No.8,
                                            Mahipalpur,
                                    New Delhi-110 037.
                                       PAN -AACCN 3434E
(Appellant)                               (Respondent)
                        2               ITA Nos.226 & 1772/Del/2016 & 17
                                    DCIT & ACIT vs. M/s Turner General
                                     Entertainment Network India Pvt. Ltd.




      Appellant By       Smt. Sushma Singh, CIT- DR
      Respondent by      Sh. Rishabh Malhotra, Adv.
      Date of Hearing          25.01.2021
      Date of Pronouncement    25.01.2021

                              ORDER

PER BENCH:

Both the appeals have been preferred by the Revenue against the separate orders dated 26.10.2015 & 16.12.2016 passed by the Learned Commissioner of Income Tax (Appeals)-14 & 33, New Delhi {CIT(A)} for Assessment Years: 2008-09 & 2009-10.

2.0 The Ld. Authorized Representative (AR) submits that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year 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. The Ld. AR has prayed for withdrawal of the appeals.

3.0 Considering the aforesaid situation, the captioned appeals are consigned to the records and treated as dismissed. 3 ITA Nos.226 & 1772/Del/2016 & 17

DCIT & ACIT vs. M/s Turner General Entertainment Network India Pvt. Ltd.

4.0 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 assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. The appellant (i.e., the Revenue) has no objection with regard to the aforesaid caveat. 5.0 In view of the aforesaid, the appeals are consigned to the records and, for statistical purposes, are treated as dismissed.

Above decision was announced on conclusion of Virtual Hearing on 25th January, 2021.

        Sd/-                                   Sd/-
  (A.N.MISSHRA)                     (SUDHANSHU SRIVASTAVA)
ACCOUNTANT MEMBER                       JUDICIAL MEMBER
Dated: 25/01/2021
PK/Ps
Copy forwarded to:
  1. Appellant
  2. Respondent
  3. CIT
  4. CIT(Appeals)
  5. DR: ITAT

                                              ASSISTANT REGISTRAR
                                                    ITAT NEW DELHI